Incoming West Virginia House of Delegates member Joseph de Soto was arrested on Thursday, Dec. 12, 2024, over allegations that he threatened to harm fellow lawmakers. (West Virginia Division of Corrections and Rehabilitation)
Incoming House of Delegates member Joseph de Soto was arrested early Thursday morning by state police in Berkeley County for allegations that he threatened to harm fellow lawmakers.
The West Virginia State Police said troopers arrested de Soto “for the crime of terroristic threats,” according to a news release.
“This arrest was made following an investigation that revealed Mr. Desoto had made several threatening/intimidating threats against government officials. This investigation is ongoing,” the release said. “The West Virginia State Police and the West Virginia Capitol Police take all threats against government process seriously.”
De Soto, who is from Gerrardstown, won a three-candidate Republican primary race last spring, winning against incumbent Don Forsht, R-Berkeley. There was no Democratic candidate in the November general election, but he faced competition from a Constitution Party candidate.
He is supposed to start his term in the Legislature in January 2025. On Wednesday, de Soto, who ran as a Republican, switched to the Democratic party. The Secretary of State’s website listed him as a Democrat on Thursday morning.
Ahead of the threats, House Republicans have raised concerns about whether de Soto was truthful about his military career or if he was actually a physician. DragLine, a publication from the ACLU-WV, detailed the inaccuracies in de Soto’s statements in an article that was published earlier this year.
On Sunday, when Republican House members gathered in closed-doors meetings to renominate the current House speaker to remain in the position, several people said that the meeting was mainly used to question de Soto about his background and whether that should result in a possible disqualification to serve in the House. Armed Capitol police officers guarded the doors during the private meeting.
According to a criminal complaint, de Soto said that Sunday’s meeting had upset him.
Del. Wayne Clark, R-Jefferson, said that it all came to a head on Thursday afternoon. House Speaker Roger Hanshaw’s office called to alert Clark of a serious threat.
Clark was concerned because his teenage daughters were home alone.
“I instructed the kids to leave the house,” he said. “My family suffered last night … there’s a chance this guy gets out today. And, now what?”
Clark said that de Soto’s mental health was a concern and hoped that he would get help.
“But this can’t happen. I’m not the only one who had to suffer last night,” he said.
Del. Michael Hornby, R-Berkeley, posted on social media that he was also a target of a threat.
He wrote, “I received a call to relocate my family immediately as I was driving through a snow storm over an hour away from home. It has been a rollercoaster of a day but I want to thank the State Police, Capitol Police and the Berkeley County Sheriff’s Department for clear crisis communications communication and direction.”
The House will gavel in Jan. 8, 2025 for a one-day session to elect leaders of each chamber. The Legislature reconvenes in February 2025 to begin the regular session.
De Soto hasn’t been sworn in yet. If he resigns, the Democratic Party will get to appoint a replacement due to his party switch.
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