The mayor of Haysi’s case in Dickenson County Circuit Court will continue, with his next court date scheduled in the new year.
Larry Yates, arrested in September on eight fraud and embezzlement charges, appeared before Judge Brian Patton for a scheduled plea hearing Thursday morning. His court-appointed attorney, Stuart Collins, told the judge that he came to an agreement with Phillip Foy, a special prosecutor from Tazewell County, to set another hearing, which was scheduled for Jan. 7.
Collins’ office also filed a motion Thursday to dismiss six of Yates’ eight charges, which are specifically related to Yates’ use of two town of Haysi credit cards that he was issued in his position as mayor.
Thursday’s hearing was scheduled as a plea, and Foy said in an earlier email to Cardinal News that if he and the defense are not able to reach an agreement, it would likely be scheduled for a trial. He could not immediately be reached for comment Thursday.
Collins said the Jan. 7 hearing could involve a plea if an agreement is reached or motions could be argued.
It is unclear what town of Haysi officials will do while their mayor’s criminal case is pending. On Oct. 19, town council members convened and agreed to postpone his expulsion hearing for after the hearing that was set to happen Thursday.
Collins’ dismissal motion, obtained by Cardinal News from the clerk’s office, states that Yates was in “lawful possession” of the two credit cards and the commonwealth’s allegations fail to support the charges levied against him.
The motion argues that Yates would have had to take the cards from someone else to be guilty of the two credit card theft charges and that Yates did not do that, as the cards were issued to him and he possessed them lawfully.
Yates faces both felony and misdemeanor charges of credit card fraud and criminally receiving goods. The motion outlines similar arguments against these charges.
A separate motion, also obtained by Cardinal News, is a “motion for a bill of particulars,” which asks the Commonwealth to further detail Yates’ felony charges on embezzlement of public funds and the use of public funds for personal benefit.
The judge did not rule on either of the motions when Yates and his attorney were called to the stand Thursday.
Last month, the council agreed to defer Yates’ expulsion hearing after receiving a lengthy letter from Collins that detailed a number of legal issues related to the hearing and requested that it be deferred, town attorney Allison Mullins told Cardinal News. The issues raised in the letter include interpretation of the town’s charter, which states that a three-fourths vote of the council can remove a member, the council providing adequate notice to Yates ahead of the hearing and his Fifth Amendment rights.
Mullins said Thursday she is not sure what the council will now decide to do since the case has been delayed.
Debbie Wood, vice mayor of Haysi, told Cardinal News in September that council members noticed changes in the mayor’s behavior over the past year and took several steps to tighten up finances. They asked for the Virginia State Police investigation that led to the mayor’s arrest and called on him to resign multiple times since January, she said.
In a text on Thursday, Wood wrote, “We will just continue as we are currently. Taking care of business. Our new council members will begin in January. I will continue as vice mayor / acting mayor in the interim.”
As part of Yates’ bond agreement, he is not permitted to go on town property or contact town employees. Wood said by text Yates is “absolutely not” performing any of his mayoral duties.
