KINGWOOD — Preston Judge Steve Shaffer refused Thursday to grant sheriff candidate Jason Peaslee an injunction to force the sheriff to remove a Facebook post.
Peaslee’s attorney, Michael Cardi, of Bowles Rice LLP, argued that the post, which mentioned Peaslee’s campaign by name, was an attempt by Sheriff Dan Loughrie to influence the campaign.
Peaslee, Chief Deputy Paul “Moe” Pritt and Joel Gordon are competing for the Republican nomination.
“It really takes a tough skin to run for political office. Many things said are untrue. Many lies are told,” the judge told Peaslee.
Both he and Preston Prosecuting Attorney Melvin C. Snyder III said they both had signs stolen and vandalized during campaigns. People say untrue things about their opponents in elections all over the country, Snyder said. These days, they do it on social media.
Peaslee testified that on March 26 a campaign volunteer, Robert Foster, live streamed a video about campaign signs being stolen or vandalized. In it, the volunteer implied that the sheriff’s department declined to investigate.
It was March 27 before he learned of the video, Peaslee testified, because he was working out of town. He said one volunteer thought the other was reporting the stolen signs to police, but there was a miscommunication and it wasn’t reported.
On March 27, Preston Sheriff’s Capt. T.N. Tichnell went to Peaslee’s campaign headquarters to investigate and left his card. Peaslee said he called the sheriff’s office twice but did not leave a message because he wasn’t sure which line was the deputy’s.
Peaslee ordered the video taken down, Cardi said. On March 31, a post signed by Sheriff Loughrie went up on the department’s Facebook page. It referred to the video on Peaslee’s campaign page and said efforts had been made to investigate, once the complaint was known.
The post said in part, “This is not about politics, campaigns or an election. This is about defending the honor and integrity of the Preston County Sheriff’s Office and Deputies who make daily sacrifices protecting the community they serve.”
The sentence “verbally assassinating the office and the officers has become routine for some seeking this office,” was aimed at Peaslee, his attorney said. Peaslee said he thought it hurt his campaign by trying to make it appear he didn’t tell the truth.
“This statement had the intention of benefiting someone,” Cardi said. Neither Pritt or Gordon are mentioned in the post, Snyder pointed out.
Couldn’t the post have been interpreted as saying Pritt and the department weren’t doing their jobs, the judge asked? Peaslee said yes.
The suit was filed April 29.
Shaffer said the matter didn’t meet the requirements to issue an injunction, forcing Loughrie to remove the post and apologize, as Peaslee asked.
Snyder said the complaint should have been made to the State Ethics Commission, but for three months prior to an election it will not rule on a political complaint. Because of that, Judge Shaffer said, Peaslee’s complaint deserved an immediate day in court.
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