Arrested on charges of driving under the influence, a Kanawha County man was released, only to be arrested again just minutes later.
Bobby Lee Sisk was arrested Monday and charged with driving under the influence of a controlled substance. He told Magistrate Carol Fouty he had taken five oxycotin before driving.
But it was what happened next that raised eyebrows.
Sisk was released on a personal recognizance bond, and was allowed to leave in his own car. Three hours after his first arrest, he was arrested a second time and charged with the same thing, telling Charleston police officers that "the Magistrate told me I could."
Fouty said at her home Tuesday, that she was giving Sisk a second chance, and pointing the finger at Charleston Police officers for not having his car towed after the initial arrest.
Magistrate Kim Aaron held Sisk on a $5,000 bond, giving strict instructions that he not operate a vehicle until the matter was resolved by the court.
This is not the only one of Fouty's cases being questioned. Another involves Elmer Gallogly.
Gallogly admits he has a lengthy rap sheet. He's been arrested 25 times in Charleston, but said he only deserved about 15 of those.
On March 15, when Gallogly was arrested for allegedly stabbing his roommate, he told the arresting officers to call Fouty.
The criminal complaint cites Gallogly as saying, "... call Carol Fouty she will vouch for me ... she [sic] has helped me before she will tell you I am not like this."
Gallogly said that he and Fouty have been friends for years, and she has offered life changing advice.
"She is a very good magistrate and she has helped me out through life," said Gallogly.
As recently as last December, according to Gallogly, he was over at her house helping with light landscaping and hanging Christmas decorations.
Fouty denies that, but doesn't deny knowing him. She said she's offered him rides home before.
Gallogly has been before Fouty on three charges. A 2000 public intoxication charge was dismissed, although court records don't offer a reason why.
In fact, all but four, including the latest malicious wounding charge have been dismissed against Gallogly.
Fouty calls any allegations that she offers lighter sentences in exchange for personal favors "a damn lie."
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