BENWOOD - Despite the fact that one of his assistant prosecutors is related to Benwood Councilman Charles Terry, Marshall County Prosecutor Jeff Cramer said his office will not be recused from Terry's criminal case should it be bound over to Circuit Court.
Assistant Prosecutor Joseph Canestraro is the nephew of Terry, who is accused of firing a 12-gauge shotgun at his neighbor's pick-up truck on Sept. 17 in Benwood. Canestraro's fellow assistant prosecutor, Eric Gordon, serves as city attorney for Benwood.
However, Cramer said he has no conflict of interest in the case.
While Terry, 67, awaits a preliminary hearing in Marshall County Magistrate Court on a wanton endangerment charge, Cramer has said Terry could also be facing a felony destruction of property charge, which could be considered by the November grand jury by way of direct presentment.
"My office will not be required to be recused," Cramer said. "Mr. Canestraro is related to Mr. Terry, and I was aware of that. I have instructed both him and Eric Gordon to have no involvement in the case."
"By law, their conflicts of interest are not imputed to myself or other assistants within the office," Cramer added.
Cramer said Gordon can still advise City Council members of their rights and alternatives regarding Terry's council position, be involved in their actions and still have no involvement in the criminal process.
"I believe Eric Gordon has a conflict of interest in participating in (Terry's) criminal prosecution, but as long as he is shielded from such involvement in my office, his conflict does not impute to myself and the rest of the office," Cramer said.
Since the incident, Terry's fellow council members and city officials have been calling for Terry's resignation from council, saying his action was "reprehensible." Terry has not made any official statement about whether he wishes to resign.
At a Benwood City Council meeting Tuesday, council members cast a 4-0 non-binding vote of no confidence in Terry.
During the meeting, Gordon informed council members they have no legal authority to remove Terry from his elected post. A written petition from Cramer, elected officials in Benwood or 1 percent of the city's registered voters is needed to start the removal process, Gordon said.
Cramer said Wednesday that, right now, his office will not file a written petition for Terry's removal. However, he added that should Terry not be removed or not resign his post and be convicted of the crimes, he will take a second look at filing such a petition.
Terry's preliminary hearing is scheduled for 3 p.m. Oct. 3 in Marshall County Magistrate Court.