PARSONS – A former Tucker County business owner had his request to dismiss his charges denied last Thursday in Tucker County Magistrate Court. Kenneth C. Bott, 53, of 125 S. Fourth St., Clarksburg, was charged with one count of fraudulent schemes, a felony.
The original criminal complaint alleges Bott obtained water from the City of Parsons for his business, the former Parsons Country Inn. It states Bott then left the city and county and did not pay his water bill in the amount of $3,039.40.
Bott and his attorney, Brent Easton, asked Tucker County Magistrate Riley Barb to dismiss the charges because Easton said the case was a matter for civil court.
“I move to dismiss both the felony and misdemeanor charges,” Easton said. “Mr. Bott operated the Tucker County Inn for about two years, and he was always current on his water bill. About a year and a half in, he had problems with mud coming out of his pipes, and it was attributed to the city redoing the water lines.”
Easton said Bott complained to the city because he was getting bills, but had brown water coming into the rooms and into his kitchen.
“Bott said the city acknowledged the problem, yet they still wanted him to pay the bill,” Easton said. “He continued to complain. He went out of business and lives in Clarksburg.
Easton said Bott has health issues and is unable to pay the bill.
“If we look at the code for 61-3-24D, it refers to larceny,” Easton said. “Mr. Bott had no specific intent to commit a crime- he simply cannot pay. It isn’t like he sat down one day and said I am going to defraud the city of Parsons. He simply does not have the money to pay.”
“This is a debt – it is a civil matter,” Easton said. “He also disputes the amount of the debt.”
Tucker County Prosecuting Attorney Ray LaMora III said he disagreed with the fact that the case is a civil matter.
“We have an application for service, signed by Bott, saying he is going to pay the bills as they come in,” LaMora said. “The fact of the matter is he knew he owed a bill. The amount may be in dispute by Mr. Bott’s contention, but not from the city. He decided he was not going to pay the bill and still receive water.”
LaMora said Bott knew, going into this, that he had taken advantage of the city of Parsons without paying his bill.
Bott’s hearing is slated for the last week of October.