BUCKHANNON — On August 19ᵗʰ, Michael Lee Morehead and Asad Derya Khan were charged with criminal misdemeanors for anonymously and knowingly publishing false statements specifically to influence the voting results of the 2020 Buckhannon City Council election.
As reported in Mountaineer Journal’s exclusive investigative report, Sines4WV.com was a website created to defame Shelia Sines, portraying a mock of Sines’ official campaign website (SinesForWV.com). The site contained material that falsely accused Sines of using and selling cocaine, among other false, lewd accusations. This website was operated anonymously, and used for the purpose of deliberately spreading false information to aid Sines’ defeat. Shelia Sines lost her race for Buckhannon City Council by just 6 votes to Councilman C.J. Rylands.
Out of concern for ethical conflicts, the Upshur County Magistrates’ Office transferred the case to Lewis County Magistrate Michael R. Gissy. Magistrate Gissy presided over a summons held for Morehead and Khan on August 19ᵗʰ at approximately 2:00 p.m. and 2:30 p.m.
Deputy Tyler Gordon with the Upshur County Sheriff’s Department was tasked with investigating the criminal wrongdoings. Investigators with the West Virginia Secretary of State found misdemeanor violations against both Khan and Morehead for ‘anonymously aiding the defeat of a clearly identified candidate.’ These charges were then provided to the Upshur County Sheriff’s Department and added, once the perpetrators were identified.
West Virginia Code §3-8-12 reads, “A person may not publish, issue, or circulate, or cause to be published, issued, or circulated, any anonymous letter, circular, placard, radio or television advertisement, or other publication supporting or aiding the election or defeat of a clearly identified candidate.”
It continues, “Any person violating any provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, or confined in jail for not more than one year, or both fined and confined. ”
In the State of West Virginia v. Asad D. Khan, Khan was charged with violating WV Code §3-8-12. Bail was set at $3,000 personal recognizance.
On August 7ᵗʰ, Deputy Gordon officially filed the Criminal Complaint, following the completed investigation.
Deputy Gordon stated:
“On or about February 22, 2020 Michael Lee Morehead did publish a false campaign website, anonymously, against the victim, Shelia Sines, a candidate for Buckhannon City Council. Morehead copied the victim’s original website layout and contents but falsifies several items in order to defame the victim. The defendant references the legalization and lowering the cost of cocaine, sexual references about male adult entertainers, and called her a religious bigot. All false statements intended to persuade the population to oppose the victim’s candidacy.”
Additionally, Deputy Gordon discovered that Morehead and Khan used the name ‘Ray Sines’ (Shelia Sines’ husband) to create the malicious website’s online account. Therefore, this means that the perpetrators (Morehead and Khan) committed crimes impersonating Ray Sines (the victim’s husband). It can be argued that this was an attempt to frame Mr. Sines as creating and operating the website, in addition to the mere impersonation.
“The account was created under the fake name of Mr. Ray Sines with a false physical address, with Morehead’s phone number and email address.”
Deputy Gordon also recorded that Morehead named Khan as an accomplice in the creation and distribution of the website.
“The officer confirmed the payment method was from Morehead, this officer making and facilitating the creation of the above fake website, but claims he was assisted by Asad Derya Khan in the creation and sharing of the fake and false website.”
Khan admitted to conspiring with Morehead to create material against the victim.
“Along with Morehead, Asad D. Khan admits to conspiring with Morehead on numerous occasions to create political ads against the victim. Khan did admit to this officer to circulate.”
Additionally, Khan and Morehead created fictitious Facebook accounts, having joint-access to defame the victim, Mrs. Sines.
“This officer was provided screenshots from a Facebook account under the alias of Jackson Hartman. Admittedly, Asad Khan and Michael Morehead both had access and usage of the above Facebook account, made and used in the political bias against the victim.”
Khan could face up to one year of imprisonment and/or up-to a $1,000 fine.
West Virginia State Code §3-8-11 states, “Any person who shall, knowingly, make or publish, or cause to be made or published, any false statement in regard to any candidate, which statement is intended or tends to affect any voting at any election whatever; Is guilty of a misdemeanor, and, on conviction thereof, shall be fined not more than $10,000, or confined in jail for not more than one year, or, in the discretion of the court, shall be subject to both such fine and imprisonment.”
In the State of West Virginia v. Michael L. Morehead, Morehead was charged with two misdemeanors, violating WV Code §3-8-11 and §3-8-12. Bail was set at $6,000 personal recognizance. He could face up to one year of imprisonment and/or $1,000 in fines for each offense (potentially two years of imprisonment and $2,000 in fines).