Domestic Abuse Allegation Made Against JCC County Attorney

By Desiree Parker Saturday, January 14, 2012

Allegations of domestic abuse have been made against James City County Attorney Leo Rogers related to a November incident that brought county police to his home, but the complaint has not yet affected his position with the county.

County police determined “there was not enough to justify a charge,” but the accusation ended up before Williamsburg James City County Commonwealth’s Attorney Nate Green for consideration, Middaugh explained. Green recused himself from reviewing the issue and it is now in the hands of Newport News Assistant Commonwealth’s Attorney Robin Farkas.

Farkas was not available to speak with WYDaily Friday afternoon, but state police spokeswoman Corinne Geller said that on Jan. 6, Virginia State Police Special Agent J.S. Brown arrested Rogers on one count of domestic assault, a class 1 misdemeanor.

Geller said the charge stems from an investigation conducted at the request of James City County Police after the November incident. Geller did confirm that the case is in the hands of the Newport News Commonwealth's Attorney's office.

On Tuesday, Rogers met with the Board and Middaugh. “We had a thorough conversation with him to discuss what happened and the implications,” said Middaugh. The county will take no personnel action against Rogers right now, but “we will monitor the issue as it goes through the system.

“As part of the investigation, other information may come out, and something else may happen [to cause] the board the board to reassess things.”

When asked how this personnel issue differed from a case last year in which the county’s Zoning Administrator Melissa Brown was suspended temporarily after charges were filed against her, Middaugh explained that Brown was “afforded the opportunity to see me and explain [what happened] and make her case, and she chose not to.

“We were in a position then to have no real recourse. If we had had a full investigation,” the action may have been different. The charges were later dropped and Brown returned to her position (read that story here).

The county has a policy regarding employee behavior if their actions have an adverse impact on the county or on the individual’s position, Middaugh said. In the case of his position and also Rogers’, both are appointed by the board and are contract employees, and so the nature of their employment is different.

“Any charge is serious, at our level, and we are to be held to a higher standard” than other employees, he said.

The board has allowed Rogers to take personal time should he choose to do so during this time.

Rogers has been in his current position since 2004. Prior to that, he was Assistant County Attorney from 1990 to 1994 and was Deputy County Attorney from 1994 to 2004.