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Belmont commissioner found not guilty of embezzlement

WHEELING — Belmont County Commissioner Mark Thomas is not guilty of embezzling money from a client during his practice of law in 2014.

An Ohio County Circuit Court jury came to that unanimous decision after deliberating for about 30 minutes Wednesday afternoon. Jury members received the case after the two-day trial wrapped up earlier in the day.

“I do not even know why this case was brought,” said defense attorney Paul J. Harris during closing arguments. “I’ve never seen anything like it in my 31 years.”

Thomas, who did not take the stand in his own defense during trial, declined comment after he was acquitted.

Thomas was facing a minimum of 10 years in prison after being accused of embezzling $36,000 from the estate of Dolores Anast of Wheeling in 2014.

“We’re grateful to the jury, first and foremost,” said Shawn Fluharty, a Wheeling attorney who assisted the defense team. “They sat here intently and paid attention to the facts. Mark’s voice was finally heard.”

Fluharty said Thomas is ready to move on.

“Thank God we still have the constitution in this country,” he said. “This has been tough on Mark’s family and everybody’s family involved because a lot of time goes into it. It’s a very emotional issue and I think everybody wants to take a breather, and Mark wants to spend some time with his family, as he should.”

Prosecutor D. Luke Furbee had tried to persuade the jury that Thomas took money he was not supposed to take.

“They paid the money back,” said Furbee, Tyler County prosecutor who was named a special prosecutor in this case. “He didn’t have any right to the money in the first place.”

Attorneys on both sides addressed Joanna Gusta’s testimony. Gusta, the executrix of the estate, took the stand Tuesday, but seemed to reverse several statements she made before the court.

Prosecutors said Gusta was confused because she is in a “tough situation” and is elderly. The defense said Gusta believes these allegations happened, but was confused as to whether or not they were actual fact.

“Do you have any idea how hard it is to sit back silently and hear half-truths about you for two days and twist everything that was done to make every innocent act seem as thought it’s a criminal act?” Harris asked the court during closing arguments.

Eight witnesses were called to the stand: Denise Penz of Home Savings Bank; Norma Fisher, of WesBanco Bank; Gusta; attorney Frank Duff; Marilyn Roberts, office manager of Phillips, Gardill, Kaiser and Altmeyer Law Offices; Forest J. Bowman, retired professor at West Virginia University College of Law; attorney Joshua Miller; and West Virginia State Trooper Chad Heckler.

The Ohio Board of Professional Conduct in Columbus suspended Thomas’ law license in Ohio three years ago after he reportedly failed to file an answer to a formal complaint pending before the board. His law license remains suspended in Ohio and West Virginia.

Thomas is seeking re-election in the May 8 primary race for Belmont County commissioner.

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