Mercer County District Attorney James P. Epstein said Saturday he agreed with the state's decision not to pursue criminal charges against former Mercer County Commissioner Brian W. Shipley.

The Office of Attorney General Mike Fisher said Friday there was insufficient evidence to prosecute Shipley, who resigned in late October.

"I agree completely with their conclusion," Epstein said.

While the case may not have been prosecutable, Epstein said Shipley's actions while in office were not excusable. "His use of the county credit card was inappropriate, and his use of the county cellular phone was grossly inappropriate," he said.

"But there is a distinction between inappropriate behavior and criminal behavior," Epstein said. "In this case, I think the resignation of Mr. Shipley was the best remedy."

Epstein felt there was no criminal case against Shipley long before he resigned, according to letters his office sent to former county Controller Dennis Songer and the state in August.

The letter to Songer was a reply to his call for a county probe of Shipley's credit card use. The letter to the state asked the AG's office to take over the case, because Epstein and Shipley worked together regularly and commissioners appropriate money for Epstein's office and his staffers' salaries. The letter contained the county's preliminary legal analysis.

"I find that there is insufficient evidence upon which to conclude that Commissioner Shipley used the business credit card in a criminal matter," Epstein wrote.

"There is absolutely no evidence to suggest that Commissioner Shipley ever used the business credit card with the intent to defraud Mercer County. Any such suggestion fails in light of the fact that Commissioner Shipley paid the credit card balance in full and never requested the county to pay or reimburse him for any personal expenses," Epstein wrote.

Over 13 months, Shipley charged $9,038 to a National City Bank Business Visa Card. Only six charges totaling $360 were paid by the county. Shipley said it took a "private effort" to raise $4,955 to pay off the card on Aug. 1, the same day he was first questioned by The Herald about his use of the card. The bank terminated the account in May and two months later asked the county to pay off the card after Shipley stopped making payments.

After paying off the card, Shipley refused to allow the newspaper to inspect records relating to it. He admitted using the card for both personal and business expenses, but said the card was a personal one and the county was never liable for any of the personal charges.

The Herald sued Songer for access to the records. Songer did not provide them because he said Shipley threatened to file an invasion-of-privacy lawsuit if he did.

Shipley, who got involved in the suit, fought for more than a month to keep the records private. But to head off a hearing on the suit, Shipley volunteered the records Sept. 11.

The records showed Shipley used the card to make a $3,620 car payment and 13 cash advances totaling $3,200.

Shipley also used it twice to book a hotel room while at State Republican Committee meetings and to book two hotel rooms in neighboring Mahoning County the night before a tour of the Mahoning County Courthouse.

He said he booked a hotel room in Mahoning County to shorten his morning drive time because he was not "a morning person," and left the first hotel without getting a refund because his room was "dirty." The first hotel was nearly as far away from the courthouse as his Greenville home.

While the case in the early stages focused solely on Shipley's use of the credit card, it grew to include other allegations, including Shipley's personal use of a county cell phone and county computer, multiple violations of his campaign committee and missing records from a fiscal-office file of commissioners' cards.

Shipley used the computer to visit adult Web sites and the phone for hundreds of personal calls, including ones to escort services, dating lines and massage parlors. His campaign committee solicited cash to offset his legal bills and went years without a treasurer.

Shipley's cell-phone and computer use and violations of his campaign committee were not criminal in nature, and there was insufficient evidence to link Shipley or anyone else to the missing records, Epstein said.