Daily Press

Ex-sheriff: Deputy fired for violating order

Stolle claims dismissal not related to politics

- By Jane Harper Staff writer Jane Harper, jane.harper @pilotonlin­e.com

NORFOLK — Former Virginia Beach Sheriff Ken Stolle testified Wednesday in a civil case brought by a deputy he terminated, denying that politics had anything to do with the decision.

Stolle, a Republican who retired last year after 13 years as sheriff, told jurors he decided to place William “Dave” Fowler on immediate administra­tive leave, and not reappoint him when his next term began, because Fowler had violated an order from supervisor­s.

The deputy had been told by a supervisor that he wasn’t allowed to appear in uniform in political ads for his wife, Democratic state Del. Kelly Convirs-Fowler, Stolle said. But in a TV commercial that aired in fall 2021 an old photograph of Fowler in uniform was included in a collage of photos near the end.

“He disobeyed a direct order,” Stolle testified. “If my chief deputy had disobeyed a direct order, I would have terminated him too.”

Earlier Wednesday Fowler testified he didn’t know the photo would be in the commercial and hadn’t authorized its use.

He had been on medical leave for several weeks at the time, he said, and wasn’t involved in the commercial’s production other than appearing in plaincloth­es with his family at the end. But Fowler also said he didn’t think it was a violation because he didn’t personally appear in uniform.

When attorney William Thetford Jr. asked Stolle if he knew Fowler hadn’t approved use of the photo, Stolle said it didn’t matter.

“I don’t care if he didn’t authorized the picture,” he said.

Stolle went on to say that if Fowler “can’t control his wife” and the things she uses in her advertisem­ents, then it was a problem for him.

Stolle also testified he and Convirs-Fowler had typically had a cordial relationsh­ip — and worked together on some legislativ­e matters — but was sometimes wary of her. He said she’d repeatedly told him she’d do what she could to help him as long as he did what he could to help her husband in return.

The former sheriff denied Fowler’s terminatio­n had anything to do with a social media spat between Stolle and Convirs-Fowler in late November 2021. She accused Stolle of firing her husband in retaliatio­n for her approachin­g him about the possibilit­y that one of his deputies had taken part in the Jan. 6, 2021, riot at the U.S. Capitol.

Stolle said he knew about the accusation­s involving the deputy, had been contacted by the FBI and was later informed the deputy had been cleared of any wrongdoing.

Fowler was told immediatel­y after the spat that his employment was being terminated. Stolle said he’d already made the decision to let him go a couple of months before but waited until after talking to the City Attorney’s Office to make it official.

In other testimony Wednesday, a former Virginia Beach Sheriff ’s Office employee testified about the “significan­t” role politics played in the office.

Rachel Foster said employees were expected to support the sheriff ’s political party and the candidates he endorsed. Deputies and other staff feared “falling out of favor” and often would do things like knocking on doors, handing out flyers and attending events for the sheriff and the candidates he supported.

“For lack of a better term, it felt like a good ’ol boys club,” Foster said. “It was vital to please those that outrank you.”

Fowler’s attorneys told Judge Jamar K. Walker they planned to call Convirs-Fowler as their last witness Thursday.

Attorney Jeff Rosen said the defense expects to call four witnesses.

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