Knotts are facing misdemeanor charges stemming from an August 2025 purchase
by Davis under the County’s Sheriff’s Incentive Program.
The entirety of the Tucker County Commission has been brought up on misdemeanor charges stemming from the Sheriff’s Incentive Program, passed in 2019 under a previous administration. Tucker County Commissioners Frederick J. “Fred” Davis, Jr., Timothy “Tim” Knotts and Tucker County Commission President Michael “Mike” Rosenau are all charged with “Unauthorized Expenditure by Local Official.”
In the complaint, filed August 6 in Tucker County Circuit Court by Appointed Special Prosecuting Attorney for Tucker County James E. Shay, Jr. from Kingwood, alleges the following:
1. That on May 8, 2019 the Tucker County Commission unanimously approved and enacted a new program called the Sheriff’s Incentive Program. The program “allows “sheriff’s deput[ies] to purchase items that are consistent with law enforcement.” The incentive would be paid up front by Tucker County and then the Sheriff’s Deputy would pay back the total amount coming out of their paychecks until the item is paid off in full.” The program was adopted under a motion made by Commissioner Patrick Darling. Commissioner Fred Davis was also present and voted for the program, according to the allegations.
2. That on five occasions, October 15, 2020; March 30, 2022; October 30, 2023; November 14, 2024; and most recently on August 12, 2025, “Commissioner Frederick Davis used the so-called Sheriff’s Incentive Program to purchase personal property items, mostly firearms, ammunition and other weapons such as most recently a crossbow for his own personal use.”
3. Commissioner Davis paid the amounts “borrowed” using wage attachment and that the payments were made over at least a year with no interest accrued or any security posted.
4. Check No. 39984 for the amount of $3,990.75 was issued August 12, 2025 out of the Tucker County General Fund and signed by Sheriff Jake Kopec, Tucker County Clerk Sherry Simmons and Tucker County Commission President Mike Rosenau. The check was written to “Backbone Mt. Sports Shop.”
5. On August 13, 2025, the Tucker County Commission met, with all three members present and voted unanimously on a motion made by Commissioner Tim Knotts to approve expenses that included the check written to Backbone Mt. Sports Shop.
6. The approved expense on August 13, 2025 was not for an authorized purpose and in an unauthorized manner. The allegations further state that it was for the personal benefit of Fred Davis, in violation of West Virginia Code. The court documents further allege that the evidence showed a repeated pattern through the five years preceding the August 2025 purchase.
The documents went on to allege that the incentive program itself was not legal, “as providing interest-free loans to county employees with taxpayer dollars is not an authorized use of public funds even if the program was originally adopted with good intentions.”
The August 13, 2025 meeting, upon review of the original recording, was dominated by the topics of commentary on House Bill 2014, the recent Tucker County Fair and a revisit of zoning from the previous meeting. Commissioner Knotts made the motion to pay bills, but no public comment was made on any bill individually. The motion was unanimously approved with no abstaining by Davis.
There is also the ongoing battle in Federal Court over the controversial 2% fee towards the County’s Ambulance service. Some members of the local hospitality industry have taken the Commission to Federal Court in Elkins over the County’s 2% Special Emergency Ambulance Service Fee that was enacted January 1, 2025 to support the failing Tucker County Ambulance Authority.
The fee was imposed on recreation, lodging and entertainment and is collected at the point of sale by local businesses and remitted quarterly. Timberline Mountain is one of two plaintiffs in the ongoing federal suit.
While the Sheriff’s Incentive Program was adopted in May of 2019, the only current member of the Commission on the Board at that time was Commissioner Fred Davis. Commissioner Knotts was elected in November of 2022 and took office in January of 2023. Commission President Rosenau sat on the Board from 2008 to 2014 initially, but was reelected in November of 2020 and took office in January of 2021. Rosenau is currently running for reelection as an Independent against Republican candidate Jon Bush.
The Supreme Court of Appeals of West Virginia also issued an Administrative Order in response to a request by both judges of the 22nd Judicial Circuit. Both the Honorable Steven L. Shaffer and the Honorable Hilary M. Bright recused themselves voluntarily from the case. Upon the granting of the request by Chief Justice C. Haley Bunn, the Honorable H. Charles Carl, III, Judge of the 26th Judicial Circuit, was assigned to the Circuit Court of Tucker County to preside over the case.
If convicted on the misdemeanor charge, the Commissioners face a fine of $500 or not more than one year in jail or both. More importantly, the statute states, “Upon conviction he shall also forfeit his office.” Convictions can be appealed to the Supreme Court of Appeals. All three Commissioners are presumed innocent until proven guilty.
