Sep 24, 2014 3 min read

The mayor of Monongahela is claiming in a federal lawsuit that the local magistrate used the courts to “get even” with him over a personal vendetta when he wrongly had theft charges filed against the mayor in December 2012.

Mayor Robert Kepics filed the federal lawsuit in the U.S. District Court in Pittsburgh on Tuesday accusing District Judge Mark Wilson of false arrest, malicious prosecution and retaliating against his First Amendment rights.

The lawsuit stems from when Kepics borrowed $3,935 from “long-time friends” John and Shirley Amon of New Eagle in April 2011. He paid back nearly half of that money, but the Amons went to Wilson’s office in December 2012 to see what they would need to do to have the remaining $2,200 put into a contract for payment, according to the lawsuit.

Kepics’ attorney, Dennis Popojas of Washington, said in the lawsuit that “erroneous legal advice” from Wilson steered the Amons into wrongly filing a criminal complaint against the mayor rather than a civil judgment. He also accused Wilson of pushing the Washington County district attorney’s office, which is also named in the federal suit, to pursue the case.

Kepics was charged with one felony count of theft by deception and Wilson sent him to the Washington County jail for four hours on $5,000 cash bond. The charge was withdrawn by the district attorney’s office a few days later.

The lawsuit claims Wilson used his power as district judge to retaliate against Kepics, who had been an “outspoken critic” of Wilson since both took office in 2008. The lawsuit also contends Wilson said the theft charge was a “Merry Christmas” present to Kepics and his arrest was an opportunity to “get even” with him.

Wilson said he had not seen the lawsuit by late Wednesday afternoon, but denied any wrongdoing.

“My procedures were done correctly,” Wilson said.

Washington County District Attorney Gene Vittone, whose office is named in the complaint because Assistant District Attorney Josh Carroll eventually approved the theft charge, said he could not comment on the situation. However, he said in December 2012 that he decided to drop the charge just days after it was filed when he learned the case should be handled as a civil matter.

“I take my responsibility as district attorney very seriously,” Vittone told the Observer-Reporter at the time. “I am aware of my obligation as an officer of the court and as a prosecutor to immediately withdraw a case in which there is not probable cause to arrest.”

Kepics said back then that he did not personally blame Vittone for the situation.

“I feel our DA is doing his job and will do a proper investigation to get to the bottom of this,” Kepics said after the charges were dropped.

The lawsuit alleges that Wilson intentionally tried to ruin reputations of both Kepics and his wife, Nancy, and that the situation caused them both mental anguish and emotional distress.