Spires cleared of trespassing

Suspended Forest Heights mayor still faces seven-count indictment

The Forest Heights Town Council suspended Spires in September amid allegations that he had misused town funds. The trespassing charge was filed Sept. 13, after Spires was suspended and subsequently returned to his office.

The civil case between Spires and the Town Council will decide whether his suspension was legal. A judge previously ruled that Spires’ initial suspension was improperly conducted and Spires was reinstated Dec. 4 by title only. A hearing of the civil case is scheduled for May 4.

‘‘I will make a decision after I see what happens between the mayor and the town,” Ivey said. ‘‘We’ve decided not to prosecute at this time.”

Spires’ attorney Paul Sciubba said based on the dismissal of the trespassing charge he feels ‘‘confident that the suspension will be overturned. ”

Larry Stoner, the current acting mayor, filed the trespassing charges against Spires.

‘‘I didn’t see it as a loss,” said Stoner, referring to the trespassing case. ‘‘It was important but it was not very important compared to the other charges he is facing.”

Spires is still faced with a seven-count indictment charging him with theft, embezzlement, misconduct in office, submitting a counterfeit invoice, forgery uttering and attempt to commit theft. The indictment was filed in February and the next motion hearing is scheduled for June 1.

E-mail Andrea Noble at anoble@gazette.net.