Will Pistol Wielding WV Lawyer Finally Face Justice July 3, 2012?

Magistrate Jack Pauley Has Continued Charleston Attorney Richard Lindroth’s Gun Charges For 2 Years Now... by Jack Swint

Back in July 2010, Charleston WV area lawyer Richard Lindroth was arrested on charges that he not only pulled a pistol from his pants pocket, stuck it in the chest of Gary Lowe and threatened his life, but he then obstructed police who were called to the scene.

According to Kanawha County Magistrate Court records, Judge Jack Pauley has routinely postponed Lindroths criminal case each and every time the wheels of justice attempt to bring the lawyer to face his alleged charges. Not just once or even twice, but at least 5 times now since his arrest in 2010. Now, 2 years after the incidents occurred, Lindroth is once again to appear in Court Tuesday, July 3, 2012 at 1:30pm.

Kanawha County Prosecuting Attorney Mark Plantz stated to this author back in March 2012 that his office objects to any continuances and is seeking a conviction. "The magistrate has complete discretion to postpone a case." He goes on to say that in his office, "all defendants are treated equally and if there is evidence a crime has occurred, we prosecute." Shortly after those comments Lindroths case was once again postponed and re-scheduled again for this Tuesday.

Case History

Richard Lindroth was arrested in July 2010 on charges that he not only pulled a pistol from his pants pocket, stuck it in the chest of Gary Lowe and threatened his life, but he is also accused of obstructing police who were called to the scene. This all transpired while Lowe was next door from Lindroth’s home working on the roof of Estie Fields. Lindroth’s pit-bull reportedly became very aggressive towards the worker and when Lowe tried to protect himself by using his tape measurer, Lindroth allegedly pulled his gun and threatened to shoot him if he harmed the dog.

South Charleston Police Officers responded to the scene. According to Cpl. E.M. Smith and Patrolman T.A. Bailes reports, they were interviewing Lowe when Lindroth approached them. Bailes asked Lindroth if he had a gun, he admitted he did, and that it was in his right front pants pocket. Bailes then put Lindroth's hands behind his back to search him and retrieve the gun, but Lindroth resisted and told the patrolman he would get the gun himself. He then attempted to reach for the gun in his pocket, police said.

The patrolman then forced Lindroth to the ground and handcuffed him. Bailes found a Glock Model 27 .40-caliber pistol in his pocket. Besides the two officers, Brian Liggett was present and witnessed the entire altercation while helping Lowe work on the roof.

Gary Lowe told this author that he felt in fear for his safety because the dog was approaching him aggressively and barking in anger. "I’ve been around dogs acting like that before, I felt threatened." He had come down from the roof for only a minute when the pit bull came after him. His work partner, Brian Liggett was still up on the roof and witnessed what took place. Lowe stated he also feared for his life from Lindroth after the man pulled the pistol and aimed it at him.

No Place Without His Gun

We were unable to verify through the Kanawha County Sheriffs office if Lindroth has ever had or currently has a concealed gun permit. But, sources for this story claim that whether he has a permit or not doesn’t matter, he always carries a gun, even if it is just the small single shot pistol he hides behind his belt buckle. Our source also stated that Lindroth has been known to carry a weapon even in the courthouse.

Past Problems With Failure To Pay Taxes And Porn

Lindroth’s legal problems date back to when he was former general counsel for House Speaker Bob Kiss. His tax problems were the result of him reportedly forgetting to pay state owed taxes for at least a 10-year period. All the while, he was working as a state employee, and collecting a state paycheck. Ironically, through all of his tax problems, he still has been able to remain a long-time member of the WV State And Federal Taxation Committee. (See link below)

While working for former Speaker of the House Bob Kiss, Lindroth’s computer was seized by investigators after 80 pornographic pictures were found on the hard-drive. Up until then, there were no rules governing porn on state owned computers so no legal action was taken against him. Shortly afterwards, the House adopted new rules banning any pornographic material.

A call to the WV Disciplinary Council shows that there have been a total of 3 complaints on file against Lindroth but never any sanctions. The last complaint was filed in 2000.

In Closing

There are a lot of questions surrounding this case. Attorney Richard Lindroth has managed to stall his misdemeanor criminal charges in Kanawha County Magistrate Court since police arrested him in July 2010 for brandishing a weapon and obstructing police officers.

Will it go to court this time, or stall again? Is there a conflict between Lindroth and Kanawha County Magistrates since they all are friends with him? These are offenses that carry possible jail time. If convicted, will the lawyer’s disciplinary council also sanction him?

Several lawyers we contacted feel that all Kanawha County Magistrates should withdrawal themselves from this case because of the conflict of interest due to the close personal and social relationships between Lindroth and these judges. The question of how Lindroth has managed to postpone this case for 2 years, and keep it at the Magistrate level, tends to support the possibility that favoritism may exist.

Then there is the concern, if after all this time and numerous postponements will the witnesses and arresting officers from the South Charleston Police even bother showing up to court. Maybe, that is what Lindroth is hoping for so the judge can finally throw it out!

End Of Story… Or not.

Update 7/4/2012  According to sources, the hearing was postponed again. This time due to Lindroth being ill?  

Jack Swint-Publisher
West Virginia News
E-Mail: WestVirginiaNews@gmail.com
Website: http://WVNewsOnline.com
Blog: http://WestVirginiaNews.blogspot.com
Twitter: @WVNewsOnline
LinkedIn: Jack Swint



Links

Original Richard Lindroth Story

WV State And Federal Taxation Committee
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