Milton’s police chief did not resign, attorneys say

MILTON – Milton’s police chief did not resign despite reports, according to his attorneys.

In an August 12 press release, attorneys Teresa Toriseva and Joshua D. Miller said they are representing Milton Police Chief Kyle O’Dell, who has worked for the city for more than 17 years.

The press release says O’Dell was “ambushed” by City Councilman Carl Harshbarger when he arrived at City Hall on July 25.

“Councilman Harshbarger told Chief O’Dell that ‘we’ need to see him in the mayor’s office,” the press release states. “The surprise meeting included Mayor Shane Evans, Councilman Harshbarger, Councilman Scott Bias and City Manager Mike Ramsey. Councilmen Scott Foster and Chase Bryant were not in attendance and apparently knew nothing about the private meeting.”

In the meeting, Evans told O’Dell he was not going to be police chief any longer, and he gave O’Dell the option of either resigning or being terminated.

“Chief O’Dell did not resign from the Milton Police Department,” Toriseva and Miller say. “Chief O’Dell further stated he would not sign any resignation and would not write any resignation. Mayor Evans then told Chief O’Dell that O’Dell was resigning. Chief O’Dell again refused. Chief O’Dell stood up to leave the meeting and Councilman Bias told Chief O’Dell to immediately turn in his gun and badge.

“Chief O’Dell did turn in his gun and badge immediately, collected some of his personal belongings and left City Hall.”

The attorneys say that July 25 meeting violated West Virginia Code that provides all meetings of public body must be properly noticed and open to the public. O’Dell was on paid leave until the August 5 City Council meeting in which Evans said O’Dell would no longer be paid as of that date.

“There is currently not a certified law enforcement officer in the Chief position at the Milton Police Department,” the attorneys wrote. “Chief O’Dell is entitled under West Virginia law to a public hearing regarding his termination. He has asked for that hearing, in writing, twice.

“The facts surrounding this illegal termination, the retaliation against Chief O’Dell, and how it is related to the unprecedented stripping of the voting rights of the City Recorder must all be presented at a public hearing. We continue to demand that public hearing.”

At the August 5 City Council meeting, there were reports of tense discussion about O’Dell. Community members in attendance wanted answers, but Evans and council members said they could not be more specific for legal reasons.

During the August 5 meeting, Evans said O’Dell had resigned from the job. But O’Dell, who attended the meeting with Miller, shook his head at Evans’ statement.

“If I’m allowed permission to tell the whole story from his attorney, I’ll be glad to,” Evans told the crowd, according to WCHS-TV.

At the end of the meeting, Evans said two contracts had been signed without his knowledge to pay city patrol officers $70 and $90 per hour of contract work using city police cruisers on Interstate 64.

“When we don’t have enough cars to run our patrols, why would I let them use our cars to work for a private company?” Evans said, according to WOWK-TV. “I’m fine with officers working any of these if we are fully staffed and able to run our shifts.

“If we can’t run our shifts and protect our city, I wouldn’t let them use our cars to work for a private company. It’s just not fair to the city.”

One city resident at the August 5 meeting said no one really knows what happened regarding O’Dell, but she said it seemed suspicious.

“It really spread pretty quickly on Facebook,” Karen Cremeans told WCHS-TV. “Everyone is pretty much in the dark.”

Several city residents spoke on O’Dell’s behalf at the meeting and questioned the circumstances. After the meeting, O’Dell thanked the supporters.

“You do not let people push you down,” O’Dell told them, according to WCHS-TV. “Don’t let them do anything to you. If you’re in the right, do what you got to do.”

The next day, Evans told WSAZ-TV “there is no possibility of him coming back as police chief.”

“We had a lot of protesters out here last night, and I understand that, Shane’s a well-liked guy,” Evans told WSAZ. “But when they don’t know the whole situation on something, they shouldn’t judge before they know the whole story.”