2 Tucker commissioners’ hearings separated from the third
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PARSONS – Two of the three Tucker County commissioners facing misdemeanor charges will share a hearings and trial schedule, a judge ordered Tuesday afternoon.
Pre-trial hearings were held Tuesday for Tucker County Commission President Michael William Rosenau, Commissioner Frederick J. Davis Jr., and Commissioner Timothy Paul Knotts. The three are each charged with one misdemeanor count of unauthorized expenditure by a local official.
Presiding over the hearings was Judge H. Charles Carl III of the 26th Judicial Circuit of Hampshire, Hardy and Pendleton counties. He was assigned by a West Virginia Supreme Court Administrative Order to preside over these cases. The two 22nd Judicial Circuit judges, Hilary M. Bright and Steven L. Shaffer, voluntarily recused themselves.
During Davis’ pre-trial hearing, his attorney, Paul Gwaltney, asked the court to continue the hearing to a later date. Gwaltney stated more time was needed before they could discuss a possible trial, and he noted there could be possible negotiations with the state. Preston County Prosecutor James Shay Jr., who has been assigned the special prosecutor for all three cases, did not object to continuing the hearing later. Carl granted Gwaltney’s request, continuing Davis’ pre-trial hearing to Jan. 21 at 1:30 p.m.
Gwaltney also stated he and Davis had no objection to motions filed by Rosenau and Knotts’ attorneys to sever their cases and trials from those of Davis. Carl noted he did not initially plan to try the three men at the same time, but he acknowledged the motions.
During a joint hearing for Rosenau and Knotts, both men's attorneys asked the court if the two could have their hearings and trials together, yet separate from Davis, as their cases are similar. Rosenau is being represented by attorney Shawn Morgan and Knotts is being represented by attorney David Jecklin. Shay said he had no objection to the two commissioners sharing a trial schedule. Carl agreed with the attorneys that Rosenau and Knotts' cases were similar and he granted the defenses' motion.
Both attorneys also stated they were ready to discuss motions they’d made prior to the pre-trial conference. According to circuit court records, Morgan and Jecklin both filed two different motions to dismiss the charges against their clients and one motion to sever their trials from Davis. However, Shay told the court he had yet to file his written responses to the motions and asked the court for more time.
Morgan said she and Jecklin came to Tucker County that day “expecting these motions to be heard.” Carl stated he really wanted to see the state’s written response before making any decision on the motions as the defense had “raised issues” that he felt deserved a rebuttal.
Carl asked Shay how much time he would need to respond, and Shay said he needed “a few weeks.” Carl said Shay had until Nov. 20 to file his written responses to the defenses’ motions. A second pre-trial hearing for both Knotts and Rosenau was scheduled for Dec. 17 at 10:30 a.m.
According to the Tucker County Circuit Court documents provided to The Inter-Mountain by Shay, on May 8, 2019, the Tucker County Commission unanimously approved a new program called the Sheriff's Incentive Program, which allows "Sheriff's deputies to purchase items that are consistent with law enforcement."
On Oct. 15, 2020, March 30, 2022, Oct. 30, 2023, Nov. 14, 2024 and Aug. 12, 2025, Davis allegedly used this initiative program to purchase "personal property items, mostly firearms, ammunition and other weapons, such as most recently a crossbow for his own personal use," the documents state.
Davis' payroll records allegedly show the periods of time when his wages were attached to cover the expenses. Davis reportedly paid the amounts he "borrowed" back to the Tucker County Budget through wage attachment, but the payments were allegedly made over at least a year later, with no interest paid.
On Aug. 12, 2025, a check in the amount of $3,990.75 was written out of the Tucker County General Fund, the documents state. The check was made out to Backbone Mountain Sports Center & Pawn LLC in Oakland, Maryland for the purchase of a crossbow and ammunition. The purchase was allegedly made for Davis' personal benefit and the check was signed by Rosenau, Tucker County Sheriff Jacob Kopec and the former Tucker County Clerk Sherry Simmons.
On Aug. 13, 2025, the County Commission held a meeting and all three members voted unanimously to approve expenses, including the check for $3,990.75, the documents state. Knotts made the motion for the vote. The check was funded through Line Item 402-459, which is said to be the County Commission's personal "capital outlay."
"...the evidence present here definitively proves the Tucker County Commission unanimously approved expenditures that were not only on their face unauthorized but were not even for the stated purpose of the Sheriff's Incentive Program, thus there can be no doubt that the expenditures were unlawful and unauthorized and not made in good faith despite the fact that bad faith is not an element of this offense," Shay wrote in the complaints he filed against the commissioners to the Tucker County Circuit Court.