PRESTONSBURG -- A former state Court of Appeals judge has been named in a criminal summons by Floyd County school officials, charging him with second-degree criminal trespass.
David Barber of Prestonsburg was served Monday night with a summons, alleging he went into Prestonsburg High School last week "unlawfully with the intention of having two minors engage in a fight," Floyd County Attorney Keith Bartley said yesterday.
Paul Fanning, superintendent of Floyd County schools, obtained the summons, but Bartley said it was sought "only after police had investigated and recommended the charge.
" A June 6 hearing is scheduled in Floyd District Court.
Prestonsburg Police Chief Mike Omerod said Barber's 16-year-old son had been involved in a dispute with another student over a girl. The two students had exchanged text messages, Omerod said.
Barber, 53, could not be reached, but his attorney, former Floyd Commonwealth's Attorney Jerry Patton, denied his client was involved in any criminal activity.
A former county attorney, Barber is a former law partner of Attorney General Greg Stumbo and was elected to the state Court of Appeals in 1999. He was defeated in a re-election bid last year.
"We feel like the basis for the charge is a vendetta as a result of David representing an individual whose interests were adverse to the superintendent's interest," said Patton, but he declined to elaborate.
Fanning referred all questions to Bartley, the county attorney.
"Mr.
Fanning wanted to send a message to other students and parents that he is going to do whatever is necessary to ensure their safety," Bartley said. "David's telling people ..
. that this whole criminal charge is a made-up deal to get even with him for representing Pete Grigsby."
E.
P. "Pete" Grigsby Jr., an assistant superintendent, successfully sued the school system to retain his job several years ago, long before Fanning became superintendent.
Grigsby, who was accused in 1989 of campaigning for Barber in a bid for county attorney, could not be reached for comment last night. Grigsby also was school superintendent for 11 years until 1985.
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