The Herald, Sharon, PA Published Saturday, Jan. 19, 2002

MERCER COUNTY

State won't prosecute Shipley
§   §   §
DA Epstein says he didn't learn of decision until Jan. 9

By Tom Fontaine
Herald Staff Writer

The state Attorney General's Office said Friday it closed its criminal investigation of former Mercer County Commissioner Brian W. Shipley in November.

"Due to recent press inquiries, Attorney General Mike Fisher's office today announced that it has closed the investigation ... without filing charges," a news release said.

Shipley did not return a call Friday from The Herald.

He did, however, tell Youngstown television media that he felt "vindicated" because the state had closed its investigation.

"Nothing criminal was done. It was the right decision and the expected one," Miles K. Karson Jr., Shipley's attorney, told The Herald.

Shipley, 31, of Greenville, resigned in late October, saying personal mistakes had made it impossible for him to govern.

The county sent information to the state detailing Shipley's personal use of a county business credit card, county cellular phone and county computer; violations of his campaign committee; and missing fiscal-office records for commissioners' credit cards.

"On Nov. 30, 2001, the Attorney General's office informed the District Attorney that it was closing the investigation because there was insufficient evidence to support the filing of any criminal charges," the release said.

Mercer County District Attorney James P. Epstein, however, said he received word Jan. 9 -- about five months after he referred the case to the state -- that criminal charges would not be filed. Epstein said the letter he received was dated Dec. 14.

After receiving the letter Wednesday, Epstein contacted the state to determine whether he or the office would release the information to the media. The state faxed a three-sentence release to The Herald Friday morning.

The Herald kept tabs on the case during December, calling Epstein and the state office several times. Epstein said he had not heard from the state, and the office did not return calls from The Herald.

An office spokesman said Friday he received a steady diet of daily calls regarding the investigation -- including ones from The Herald -- from August until the end of October, when Shipley resigned. After the resignation, the spokesman said, calls regarding the probe died off. The spokesman said he did not recall or was not informed that he had received any calls or messages from The Herald in December.

The spokesman said calls picked up again recently, prompting the news release. The Herald called the office once Wednesday; the call was not returned.

Some had considered Shipley a rising star in the Republican Party.

Shipley was elected to Reynolds Area School Board at age 18 and became its president at age 20, reportedly making him the state's youngest-ever school board president.

Six years later he lost a primary race for state House. Shipley received most of the party's key endorsements, but lost a nail-biter to state Rep. Rod W. Wilt. Before he was elected commissioner at age 29, Shipley had worked as an office staffer for state Sen. Robert D. "Bob" Robbins and U.S. Rep. Phil English. He was elected to the Republican State Committee in 2000.

Shipley served less than half of his first term as commissioner.



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