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Resolutions to censure, expel Delegate Caputo die at start of House floor session

CHARLESTON — The House of Delegates took up and quickly tabled on Friday morning two resolutions to take action against Delegate Mike Caputo, D-Marion.

Delegate Mike Caputo listens to discussion of a bill following the votes to defeat the two resolutions.

Both resolutions were drafted in response to his actions last weekend, when Caputo was angered by a racist display outside the House chamber and kicked in a door, allegedly uttering profane statements and injuring an assistant doorkeeper.

A contingent of union miners was in the Hose gallery to support Caputo through the morning’s action. Whether the timing was purposeful or not, a Christian, a Muslim and a Jew joined to co-lead the opening prayer.

The House first took up HR 21, to expel Caputo for the remainder of his term.

Delegate Marshall Wilson, R-Berkeley, was the sole sponsor, though Delegate Joe Jeffries, R-Putnam signed on at the start of the floor session.

Explaining the resolution, Wilson quoted science fiction author Robert A. Heinlein, who said, “A dying culture invariably exhibits personal rudeness.”

A week ago, Wilson said, the members abandoned politeness. “We must hold ourselves and each other accountable for our behavior, our oaths.”

Wilson held himself accountable, he said, for doing nothing about Caputo’s behavior except despising him from his seat.

“Delegate Mike Caputo impeached his own honor,” Wilson said, and there is no remedy but his expulsion. If he behaved that way, he would expel himself.

Majority Leader Tim Miley, D-Harrison, who sits next to Caputo, then moved to table the resolution. That motion is not subject to debate and went immediately to a vote. It passed 65-35 and the resolution died.

The House then took up HR 20, to censure Caputo.

Delegate Tom Bibby, R-Berkeley, explained the resolution, saying, “I came to this assembly with the idea we were here for free speech.”

Referring to Caputo, he said, “We cannot condone conduct like that, ladies and gentlemen. We cannot condone violence in this house.”

Delegate Sharon Malcolm, R-Kanawha, has accused Caputo of physically assaulting her and swearing at her during the incident. She supported the resolution, noting Friday is National Women’s Day.

“What we’re doing here is condoning violence,” she said. Her comments sometimes drifted to the previous, failed, resolution and she said Caputo doesn’t belong in the House.

Delegate Steve Westfall, R-Jackson, then moved to table the resolution. It passed 62-38 and this resolution also died.

But it wasn’t quite over. Just before the House broke for recess, Delegate Tom Fast, R-Fayette, moved to have the remarks by Caputo’s accusers printed in the appendix of the journal. This is common when delegates give a moving speech but this time was perceived as an effort to keep turning the screws.

Delegates objected and the motion went to a vote that was overwhelmingly defeated. The three who spoke then nullified th effect of the vote by consenting to have their remarks printed.

During the recess, Caputo addressed the press.

“I want to thank everyone in a bipartisan fashion, who I believe has forgiven me for my actions, which I openly admitted and apologized to everyone, including the doorkeeper,” he said. “So hopefully, this thing is behind us. I certainly want it behind myself and my family. And I hope everybody else does as well.”

Caputo said some of the accusations in the resolutions are questionable. The doorkeeper has said he’s uninjured. He was instructed to go to the hospital.

Caputo also denied Malcolm’s accusations that he assaulted or cursed her. “I think a lot of stuff was fabricated. And if something comes on down the road, that will all come out. … I’ve admitted to my mistake. I’ve never hid behind. And I apologize again to all West Virginia for my actions.”

Asked about the re-appearance of Brenda Arthur, who poster display set off last’s weekend’s incidents, he said, “I hope our members on both sides of the aisle don’t go out and engage in that. I’m never going to be silenced when it comes to standing up against hate in West Virginia.”

There has been talk of a possible lawsuit against Caputo and the House. Chris Pritt, the attorney for assistant doorkeeper Logan Casterline, said in an email to Brad McElhinny of MetroNews, “Shortly, we intend to formally place all relevant parties on notice of our intention to seek all civil remedies available. We have no further comment at this time as to what precise course of action will be taken.”

Caputo said, “I haven’t had time to think about that. It is what it is.”

Caputo said he’s received overwhelming support from his constituents. And support was visible on the House floor, where members of both parties came to encourage him and congratulate him.

I’m very confident that my friends and my family have forgiven me. My enemies never will.”

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