WILLIAMSON - A convicted felon is suing a Mingo County judge, who could possibly hand him 30 years for charges on which a jury found him guilty last night.

Latitia Neese Chafin, an attorney for the H. Truman Chafin Law Firm, filed the complaint around 9:20 a.m. Wednesday morning on behalf of client Robert "JJ" Warren with the Kanawha County Circuit Court. Indicted by the January 2009 grand jury on three counts of delivery of a Schedule II controlled substance (cocaine) and one count of possession of that drug with intent to deliver Warren, of Williamson, faced a Mingo jury yesterday and was found guilty on two counts of drug-related charges around 11 p.m. Chief Judge Michael Thornsbury will sentence Warren in May.

While Warren is listed as the plaintiff on the complaint filed by Chafin, the defendants are Judge Thornsbury, the Mingo County Commission as well as the West Virginia Department of Highways.

Thornsbury had previously set bond for Warren at $75,000 for the drug charges. Chafin claims as part of a "mandatory condition of his bond," Warren was placed on home confinement and "ordered by Judge Thornsbury to report to the ‘Judge’s Work Program’ every morning."

While working for the program, Chafin states in the complaint that on or about March 27, Warren was cutting trees on the side of Rt. 49 near Delorme. She says as Warren stepped to push a tree over, another crew member turned with a chainsaw, striking Warren on his right shin. The complaint states the crewmember was wearing a "splint on his arm as a result of another work-site injury, and it was clearly known to defendants that (Warren) was likely to be seriously injured or killed in this forced work situation." Warren suffered a deep cut requiring many stitches, with possible damage to the bone.

"The defendants, through their joint venture and collaboration, subjected Plaintiff (Warren) to unsafe and dangerous working conditions while he was under disability of bond and willfully and intentionally failed to provide (Warren) with required safety equipment or safety instructions," Chafin states.

Chaffin claims that the commission’s employee, Robert "Buck" Hatfield, instructed the DOH employee to transport Warren to the courthouse, but the DOH representative took him to meet an ambulance instead.

"(Warren) was then taken by ambulance to the emergency room at Appalachian Regional Hospital in South Williamson, Ky., unaccompanied by an employee or agent of the defendants (Thornsbury, county commission and DOH)," Chafin accuses in the complaint.

Aside from the accident, Chafin also alleges the county commission allows the judge to place signs on county vehicles proclaiming "Judges Work Program." On the day in question, Chafin states that Hatfield drove one van while another was driven by "an individual ordered to participate" in the program. She claims the DOH employee brought a wood chipper owned by the county and instructed the crew which trees to cut down on the DOH’s right-of-way.

She also claims the crew was not provided with any restroom facilities while working beside the road.

"Upon information and belief, defendants, in their joint venture, known as the "Judges Work Program" transported (Warren) and others across state lines into the Commonwealth of Kentucky while ordered to work," Chafin states.

The defendants are accused of forcing Warren and others on the work crew to report to the West Virginia State Police barracks in Williamson where Chafin says they were ordered to "wash state police vehicles under the supervision of the West Virginia State Police."

Sgt. Dotson of the Williamson Barracks denies these allegations and told the Daily News that Warren had never been to the building while on the work program.

"If I had seen him I would have sent him away," he said.

Dotson does admit that others have worked at the barracks while on the program but said it was on a "volunteer basis."

Chafin states the judge and county commission have "misused" the program on other occasions by "ordering individuals under bond and on home confinement to paint the interior of the police barracks, wash individuals’ personal vehicles, build private bridges, deliver water to private individuals and work on individuals’ personal vehicles at the Mingo County garage."

County Commissioner David Baisden points his finger at Senate Majority Leader H. Truman Chafin as the force behind this lawsuit.

"Shame, shame on Senator Chafin," Baisden said. "Our senator is suing our county and using his wife (Latitia Neese Chafin) as a go-between. This is why we don’t have anything in Mingo County. The judge’s work program has saved our county millions of dollars."

Baisden said he believes the senator is doing this because "he can’t control what the judge and the county commission does."

"He has been senator for almost 30 years," Baisden said. "I think it is a shame he would take a case from a drug dealer and sue his own county. I hope the good people of Mingo County will open their eyes on Sen. Chafin."

Baisden said he has been a commissioner for over two years.

"I would like to tell you the good things we have done with the work program," he said. "We kept our county clean; mowed church yards, cemeteries and parks; laid water line in Goodman Hollow; remodeled city halls, the court house and annex building; built parks and put up playground equipment. I could go on and on but this is a shame – shame – shame."

Latitia Chafin said Baisden’s comments were unfortunate and an insult to not only her but to all professional women everywhere.

"The Mingo County Commission would be better served if Commissioner Baisden would address the merits of this case," she told the Daily News. "With regard to the control issue, nobody should control anybody. Everyone should do their job and do it correctly."

The complaint ends with Chafin declaring that as a "direct and proximate result of the defendants’ willful, wanton and intentional conduct and negligence, (Warren) was seriously and permanently injured and disabled; has suffered mental anguish, pain and suffering; has incurred and will incur medical expenses and will continue to suffer physical and emotional injuries for the rest of his life."

She asked that the defendants be made parties to this action by the service of a summons and a copy of the complaint upon them; the judge be enjoined from further use and misuse of the work program; Warren be awarded both compensatory and punitive damages from the county commission and DOH for "their willful and intentional conduct and negligence," and that Warren be awarded a trial by jury.

West Virginia code 62-11A-3 places a limitation on liability of public officials as well as county and community service work agencies.

It states "neither the sheriff, the county commission or community service agency to which the person is assigned shall be liable for injury or damage to third parties intentionally committed by the person so sentenced or for any action on behalf of the person so sentenced except in the case of gross negligence on the part of the sheriff, county commission or community service agency or the supervisor of the person so sentenced: provided, that nothing herein shall bar a claim by a third party for injury or damage resulting from the negligent act of the person so sentenced committed outside the confines of a county jail and within the scope of the work required by the alternative sentence."