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Special prosecutor wants State Police involvement in Confederate statue removal probe

Jeremy M. Lazarus | 11/12/2020, 6 p.m.
Yes, it merits investigation. No, I’m not going to conduct it. That’s the answer Timothy A. Martin, the Augusta County ...

Yes, it merits investigation.

No, I’m not going to conduct it.

That’s the answer Timothy A. Martin, the Augusta County commonwealth’s attorney, has provided to the question of whether a probe is needed of Richmond’s spending of $1.8 million to remove city-owned Confederate statues from Monument Avenue and other locations in early July.

Mr. Martin disclosed Tuesday that rather than convene a grand jury, he has asked Virginia Attorney General Mark R. Herring to request that the State Police conduct an investigation.

If Mr. Herring approves and activates the State Police, and after the State Police complete its probe, Mr. Martin then would be responsible to review the findings to determine if there is a case or whether the matter should be dropped.

The spending became an issue in the mayoral campaign as City Councilwoman Kim B. Gray, who ultimately was unsuccessful in her challenge to unseat Mayor Levar M. Stoney, pushed for an investigation of whether the mayor violated any procurement laws in awarding the contract to remove the statues.

In seeking the probe, Ms. Gray noted the contract went to a company whose owner, Devon Henry, has given Mayor Stoney and his One Richmond political action committee a combined $4,000 since 2016, according to campaign records.

Mayor Stoney repeatedly has expressed confidence that any investigation would find he had authority under state law to remove the statues and that he did not suggest Mr. Henry’s company or intervene on Mr. Henry’s behalf as city staff sought a contractor to handle the work as an emergency.

Mr. Martin has been mulling the question since Sept. 21 when the Richmond Circuit Court named him to consider how to proceed after Richmond Commonwealth’s Attorney Colette W. McEachin stepped aside, claiming the appearance of a potential conflict.

Mr. Henry also had contributed about $250 about 10 years ago to a state Senate campaign for her husband, U.S. Rep. A. Donald McEachin.

Mr. Martin had three choices: Drop the matter; set up a grand jury to investigate, which would require his staff’s involvement; or ask Mr. Herring for State Police help.

Mr. Martin waited until after the Nov. 3 election that Mayor Stoney won to release his decision. State law only allows the governor, attorney general or a grand jury to undertake a probe of a local elected official and to seek investigative help from the State Police.