The attorney for indicted former City Councilman Marques Rice plans to contest the two charges lodged against her client this week, and would likely seek a change in venue to remove a trial from Mineral County.
Katherine “Kitty” Dooley, of the Dooley Law Firm in Charleston, expressed confidence that Rice will be exonerated, and said she is prepared to go to trial to prove his innocence.
“We believe that he is wholly innocent and we plan to prove it, and if that takes going to trial, that’s what we’ll do,” she said. “I just think the indictment is asinine.”
Rice, 35, was indicted this week by the Mineral County Grand Jury on two charges: embezzlement and false pretenses.
The first charge relates to trees that were removed from the city. According to the charge, Rice directed the contractor to cut the trees into fireplace length and deliver them to his house. Investigators said the wood was supposed to be cut into 8-10 foot lengths and left for other city residents to cut for their own use. The approximately $3,000 embezzlement charge is based on the delivery of 30 loads of wood to Rice, and the additional expense that the contractor incurred under the expanded scope of work.
The false pretenses charge involved a city-owned heavy duty sprayer valued at approximately $40,000, which is used to clean sewer lines. A city employee had borrowed the sprayer for his personal use and while returning the equipment to the city garage, was involved in an accident that destroyed the sprayer. According to the charges, Rice feared that the insurance company would not reimburse the city for the loss if the equipment was being used for non-city business, and produced or directed to be produced official city records falsely reporting that the accident had occurred on Route 46.
In investigating the case so far, Dooley has already spoken to several local residents, including current and former city employees. She has also filed Freedom of Information requests for canceled checks, the tree-removal contract and other documents.
While her primary focus is on the two charges her client is facing, the attorney said the case leads to numerous questions about the involvement of other city officials, specifically in the tree removal contract.
“What is clear to me is there were many other issues going on in the city of Keyser,” she said. “Why isn’t somebody looking into this? Why is the focus solely on Marques Rice.”
Such questions lead to speculation swirling about the case of political influence, influential family connections and other conspiracy theories that, if true, would make it difficult for Rice to receive a fair trial in Mineral County. Dooley said a change in venue is being considered.
“That’s something we’re looking at,” she said. “That looks like a real possibility.”
Part of the attorney’s argument will be that Rice’s actions did not result in any harm to the city of Keyser. “I don’t see in any of this where there’s any loss to the city of Keyser...,” she said. “Where is there anything my client has gained, to the detriment of the city of Keyser? More than that, where is anything illegal? They have the burden of proving that.”
Noting the $500,000 cost of the tree removal contract, Dooley pointed out that others besides Rice had to have received wood from the trees. If that is the case, she asked, why weren’t charges filed against others?
As to the insurance charge, the attorney said Rice “did not control anybody” in the filing of the accident report, and in any case did not seek personal benefit through the insurance settlement. “There is just absolutely no truth whatsoever to that charge, and Marques didn’t gain anything,” she said.
Rice appeared Friday morning at the “call back” assembly for individuals indicted two days earlier by the grand jury. He sat on the courthouse benches with others being processed by Judge Andrew Frye for offenses including failure to pay child support, arson, wanton endangerment, assault and grand larceny.  Rice was represented during the proceeding by a local attorney. After being scheduled for a followup appearance Oct. 8, he was ordered like the other defendants to have his fingerprints taken, and to alert the court within 10 days if he plans to file an insanity plea. He was given a $5,000 bond.
Asked outside the courthouse about their reaction to the proceeding, Rice’s parents wore pained expressions. “I want them to consider all the good he’s done,” said Mary Rice.
Dooley said the indictment ended more than two years of rumors surrounding Rice, and possible charges of misappropriation of funds. While she contests the charges lodged against her client, the attorney noted that some alleged losses to the city in the millions of dollars. “This has been hanging over his head for years,” she said. “There’s not a dollar missing from the city of Keyser...what was rumored and reportedly said is nothing like these charges that were brought.”