EYEWITNESS LOCAL NEWSKANAWHA MAGISTRATE
from Eyewitness News Online
Sources: Kanawha Magistrate Under Criminal Investigation
Reported by: Kallie Cart
Videographer: Troy Morgan, John Tincher
Web Producer: Kallie Cart
Reported: Mar. 27, 2012 7:14 PM EDT
Charleston , Kanawha County , West Virginia
Eyewitness News has learned a criminal investigation has been launched against a Kanawha County Magistrate. Sources have confirmed there is an on-going investigation involving Magistrate Carol Fouty.
The Judicial Investigation Commission with the State Supreme Court has also launched its own investigation following news reports of alleged wrong doings on the bench.
Fouty came under the microscope last month after her maid was arrested for DUI. Fouty told us she hired the woman after dismissing a drug charge for her. And just last night, she allegedly made waves again from the bench.
Bobby Sisk was arrested twice in a matter of about 3 hours for the same crime, DUI.
"She's (Fouty) the one who told me, 'Hey you can drive,' and I took that for granted since she's a magistrate," Sisk told us in an interview from jail.
He was initially arraigned by Magistrate Fouty and released on a personal reconnaissance bond. Sisk then got back in his car and drove off, but the same officer spotted him on Charleston's West Side and arrested Sisk again for a second DUI. Officer Lightner says both times Sisk showed clear signs of being under the influence and failed field sobriety tests.
"The second time he still showed all the signs of impairment," Officer Lightner says. "Even while he was being arraigned the first time his pupils were still very constricted, he was very fumbly, hands shaking, just very nervous. He was having trouble answering questions, droopy eyelids."
According to the criminal complaint, Sisk told Magistrate Fouty when he was arraigned the first time, that he had taken five Oxycontins that day. The drugs were prescribed to him but Lightner says the prescription for 100 pills was filled on March 24, two days earlier, and there were only about 10 pills left.
You can see on the criminal complaint Fouty initially stipulated Sisk couldn't drive but scratched that part out. Despite the charges, Fouty determined that Sisk was ok to be behind the wheel.
"She first wrote that I couldn't drive and then I explained to her that I had kids and needed to drive to doctors appointments and stuff and she said well that's fine, she marked it out and said I could drive," Sisk says. "I think she's awesome."
We have previously reported that sources told Eyewitness News that they have seen Fouty help people out of legal trouble in exchange for personal favors.
We tried to get in touch with Fouty to get her take on all of this but never heard back.
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