On Monday, Circuit Court Judge Bruce Albertson cited a legal technicality in dismissing charges of misfeasance and nonfeasance against the supervisors — four Republicans and an independent — as well as County Executive Douglas Stanley and current and former economic development authority board members.

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Those charges stemmed from the Republican county prosecutor’s contention that a lack of government oversight allowed the embezzlement scheme allegedly orchestrated by Jennifer McDonald, the authority’s former director.

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However, Albertson ruled that misfeasance and nonfeasance are not listed as crimes under Virginia’s state code, according to attorneys for the defendants. Instead, they are civil allegations of misconduct, the judge ruled.

“We went to law school on that one,” said David Crump, an attorney for the economic development authority’s board members.

The result is that the government officials no longer face the possibility of a year in jail or a $2,500 fine, Crump said.

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Bryan Layton, the county’s acting commonwealth’s attorney, said Tuesday that he has not ruled out pursuing civil penalties under the same charges. “I haven’t had a chance to look into the possibility at this point, but it’s certainly still out there, and I haven’t ruled it out,” he said.

Warren County’s government will still be scrutinized in the wake of the felony indictments of McDonald, her husband, Samuel North, and several others. Among other things, McDonald is accused of using authority funds to pay off credit card debts and buy properties through a limited liability company that she created with Sheriff Daniel T. McEathron. She has said she is innocent of those charges.

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McEathron, who was also accused of wrongdoing in a lawsuit, killed himself in May.

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Layton’s office and local activists say county officials should have stepped in earlier to stop the criminal activity that allegedly began shortly after a Northern Virginia developer arrived in Front Royal in 2014 with plans to turn a portion of the former Avtex Fibers Superfund site into a data center.

The developer, Truc “Curt” Tran, says he was an unwitting participant in the activities. Both he and McDonald are defendants in a lawsuit filed by the authority.

A recall petition seeking to remove all five of the county supervisors from office is awaiting a late November hearing.

Albertson on Monday denied a motion by Layton’s office seeking to have the supervisors immediately suspended from their duties until the petition, signed by 941 residents, is heard, according to attorneys.

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The effort could nonetheless hurt some of the supervisors at the ballot box in next week’s elections.

“Anybody that has been involved in local politics needs to go,” said Kristie Atwood, a local activist who has helped with the recall effort.

Several supervisors did not return messages Tuesday, while others declined to comment.

Demetrios Pikrallidas, an attorney for Supervisor Thomas H. Sayre (R-Shenandoah), said his client has been unfairly maligned. “He’s been put through the wringer on this for no good reason,” Pikrallidas said. He added that while Sayre publicly questioned McDonald about her activity as soon as he suspected something was wrong at the authority, it was difficult for public officials to know what was happening.