Charged investigator: prosecutor tried to bully, defame him

FAIRMONT – The attorneys for a veteran investigator have filed a motion to dismiss a magistrate court case, calling it an effort “to intimidate and defame” him.

The motion also says a Marion County Assistant Prosecuting Attorney is “the source of these bogus allegations.”

Last month, a State Police Trooper filed a criminal complaint charging Lowell J. Maxey with working as a private investigator without a license. The complaint was filed in relation to another filed against Elgine McArdle, the former head of the state Republican Party and recent state Supreme Court applicant, who was charged with 13 counts of violating the confidentiality of recorded interviews of a child.

McArdle represented Ryan Lane, a member of the Pagan’s Motorcycle club accused of being involved in the 2022 murder of Henry Silver. The trial ended in a hung jury and mistrial. McArdle hired Maxey to work on the case for her.

Maxey’s motion to dismiss, filed November 3 in Marion County Magistrate Court, says he is a lifelong West Virginian with “an unblemished record of honorable and devoted public service. He worked for the State Police for 13 years before joining federal law enforcement as a Senior Special Agent with the U.S. Drug Enforcement Agency. He also oversaw the Organized Crime Drug Enforcement Task Force. He later became a special investigator, contracting for the Federal Bureau of Investigations.

Maxey, 73, also is a former Bridgeport city councilman.

“He proudly carries an unblemished record of service that the state has wrongfully sought to tarnish through this baseless charge and public assault on his character,” the motion states. “Maxey was engaged, and entered a signed agreement, with Ms. McArdle to conduct expert work on the defendant’s behalf and to assist in the defendant’s investigation on behalf of attorney McArdle beginning in April 2025.

“That is precisely what Mr. Maxey proceeded to do. He investigated the case, conducted some interviews, attended hearings and conducted other standard investigative practices. Additionally, in June of 2025, he secured some photographs that were ultimately relevant and admitted into evidence at trial.”

Maxey’s motion – filed by attorneys Michael Hissam, Isaac Forman and Daniel Schwaber – says none of this was a secret because he was disclosed as a defense witness and proposed expert. He also was present at most hearings, and materials he had collected were part of the case.

“Incredibly, this reality was even known to Assistant Prosecuting Attorney Sean Murphy, who … is the source of thee bogus allegations,” the complaint states, adding Murphy approached Maxey at a related hearing in July “to convince Mr. Maxey, as a member of the defendant’s team, to persuade the defendant to accept Mr. Muphy’s plea offer.”

“Accordingly, there can be no dispute that the relationship between the parties was known,” the motion states. “Moreover, at trial, Mr. Maxey was put forth as a witness for the defense and challenged by the state. The exculpatory photographs that Mr. Maxey obtained as an investigator were ultimately admitted into evidence at trial.”

A mistrial in the Lane case was declared September 3. A follow-up motion hearing was scheduled for October 28. On October 23, the state filed the charges against McArdle and Maxey based upon “information from the Marion County Prosecuting Attorney’s Office.”

“The facial absurdity and outrageousness of the charges against Mr. Maxey did not thwart the State Troopers from arresting Mr. Maxey in his home on the very date that the hearing in the defendant’s case was supposed to take place,” the motion states. “Worse yet, the state has further slandered and attacked Mr. Maxey with frivolous allegations and plainly offensive insinuations in its sensational Motion for a Gag Order filed in the Lane matter, devoid of any citations or legal support.

“It is amidst this astounding backdrop that the state has seemingly decided to file this facially defective and retaliatory charge against Mr. Maxey that is frivolous as best and may warrant sanctions or other remedies at worst.”

The motion seeks to have dismissed with prejudice.

“Lawfare has reached a new low,” the motion states. “In an egregious effort to weaponize the courts to smear a decorated career law enforcement official, the Marion County Prosecutor’s Office has concocted facially baseless charges against Mr. Maxey that fail on their own merits.

“The charges must be immediately dismissed with prejudice to prevent any further injustice and to put a stop to a transparent abuse of the criminal justice system.”

It also says Maxey reserves the rights and remedies related to “the improper circumstances precipitating this charge.” The motion says the applicable state code says employees or representatives of attorneys aren’t included in the rule regarding having an investigator license.

It also says Murphy knew the code regarding working as private investigator without license does not apply to Maxey “but urged the charge anyway.”

“This was plainly obvious, and the decision to bring this charge raises serious constitutional and ethical concerns,” the motion states. “Thus, it is hard to conjure a legitimate law enforcement basis to bring the charge. But given the facial defects in the complaint, the court need not reach those troubling questions of vindictiveness, retaliation or harassment. …

“Because Mr. Maxey was working as the employee and representative of a licensed practicing attorney, neither the complaint nor the warrant for this matter successfully alleges a criminal offense under the West Virginia Code.

“In other words, the complaint is inadequate on its face. The unhinged conduct from the state should be halted today.”

Marion County Magistrate Court case number 25-M24M-02680