MARTINSBURG, W.Va. — The felony case against a man elected to serve as a delegate out of Berkeley County will continue on to the grand jury.
Joseph deSoto has been charged with one felony count of threats of terrorist acts after messaging a local delegate’s wife that he intended to send specific delegates “to hell” following the Republican Caucus in December.
Cheryl Kump, wife of 94th District Delegate Larry Kump, provided West Virginia State Police Sgt. Zachary Nine some of the messages deSoto had sent her between December 10th and 11th that indicated he was angry with delegates who might throw him out of the legislature.
“At the time, I felt he was going to kill certain people in the legislative body,” Sgt. Nine testified Wednesday of the information he had received from Mrs. Kump. The delegate-elect was arrested December 12th.
The criminal complaint indicated that threats were made against House Speaker Roger Hanshaw and delegates Michael Hite, Pat McGeehan, Chuck Horst and Bill Ridenour. The complaint also described threats against delegates Wayne Clark and Joe Funkhouser.
According to that complaint, Mrs. Kump said she had spoken to deSoto on Tuesday, December 10, 2024, “and he advised all about what occurred at the Caucus and he said he was going to kill delegates. Mr. DeSoto advised he was going to kill Michael Hite, Pat McGeehan, Chuck Horst, Bill Ridenour and Roger Hanshaw. When asked what he meant by using the word “kill”, he advised God called him to kill them.”
In an email sent by Mr. DeSoto on December 10th, he states “they play stupid games they are getting stupid awards…I am upset only with the eastern panhandle delegates. I have only begun….and won’t stop, I had a vision to destroy them from the angel of Moroni….Hite, Funkhouser, Horst and Wayne Clark.” (sic)
In the same email he ends with “they can all go to hell,,I will send them there as commanded”. In an email from December 11th, Mr. DeSoto stated “I am focused on 4 people.who are evil….not angry but at peace what I need to do.”. (sic)
Berkeley County Assistant Prosecutor Jarrick Allen said there was probable cause to believe a crime could be committed. “He is charged with making a terrorist threat whether or not he intended to commit that threat,” Allen said.
Defense Attorney Jake Mills presented an email that had been sent the same day to Cheryl Kump from deSoto that seemed to walk back the threat, indicating “God speaks in allegory,” and stating “what is meant is to stop them.”
Sgt. Nine tells The Panhandle News at the time of the original complaint, he was not made aware of the other message. He indicated a number of electronic messages are being processed as part of the ongoing investigation.
Defense Attorney Jake Mills said deSoto “is not a violent person” and that his client clarified his comments later, to indicate he was talking about “stopping them from removing him from office.”
In court, Assistant Prosecutor Allen said threatening to send someone to hell carries the risk of bodily injury because it would require the person to die. “Hell is a place people go after they die.”
Magistrate David DeHaven ruled the case be bound over to the Berkeley County Grand Jury, which will next meet in May.
deSoto has been on home confinement since December 23rd when he posted a bond of $150,000. During Wednesday’s preliminary hearing, he had an oxygen tank. He wore a white shirt and khaki pants and could be seen writing notes on a piece of paper and showing them to his attorney.
He was never sworn in to the 91st District delegate seat to which he had been elected as a Republican. The day of his arrest, he switched his political affiliation to Democrat, which started a flurry of legal wrangling and debate about which party would get to nominate a replacement. In the end, Republican Ian Masters of Gerrardstown was appointed to the position by Governor Patrick Morrisey.
