Third day of wrongful termination suit against former VB sheriff wraps up

NORFOLK, Va. (WAVY) — The defense in the wrongful termination case against former Virginia Beach Sheriff Ken Stolle rested Thursday, marking the end of evidentiary presentations. The jury is expected to begin deliberating Friday after closing arguments.

The suit, brought by former Sgt. William David Fowler, husband of State Del. Kelly Convirs-Fowler, alleges that Stolle effectively fired him in November 2021 because he had supported his wife’s political runs and policies.

Fowler is suing for back pay plus interest, and wants his previous position back with the Virginia Beach Sheriff’s Office.

Kelly Fowler testified that the family has gone through financial hardship, having to sell their home. She said her husband was offered a job with the Norfolk Sheriff’s Office, but he did not go through with it because it was predicated on Norfolk Sheriff Joseph Barron “having a conversation with (Kelly Fowler)” before the hire could be completed.

But Barron contradicted that account in his testimony Thursday afternoon. “I would have hired him, he just needed to fill in some paperwork,” Barron said, directing his staff to fast-track Fowler’s application. “I needed people. I still do.”

Stolle, for his part, said that he decided not to reappoint Fowler to his role because he “disobeyed a direct order.”

Fowler appeared in a pair of 2021 ads for Convirs-Fowler’s campaign while wearing a sheriff’s office uniform. Stolle’s office had previously denied a request for him to do so.

Fowler testified that he was unaware a photo of him in uniform was going to be used, and did not give permission for it.

Convirs-Fowler told the court that when they learned there was an issue with him being in uniform in the other ad, they contacted the agency that created it and had a second version made without it.

She also testified that their family had had to sell their home, as her husband was the principal breadwinner, and he was unable to find employment in law enforcement afterward.

“Having to restart at midlife and know someone can do that to you,” she said, heavily impacted her husband.

Much of the evidence in the case has revolved around Fowler’s performance on the job, though multiple witnesses, including Stolle, said the termination had little or nothing to do with it.

Stolle, on the stand, said that the FBI had cleared his deputies. It was unclear in court whether any deputies went to the Capitol January 6, though Stolle previously said that a deputy was at the “Stop the Steal” rally outside the Capitol but did not enter it and was cleared of wrongdoing.

On Wednesday, he said Fowler should’ve been able to control the use of his image as well as the actions of his wife (in using it).