Incoming WV House member de Soto arrested for making terroristic threats against lawmakers

Incoming House of Delegates member Joseph de Soto was arrested early Thursday morning by state police in Berkeley County for allegations that he threatened to harm fellow lawmakers. 

According to a criminal complaint, de Soto said, “God called him to kill them.” He listed several lawmakers, including House Speaker Roger Hanshaw.

The West Virginia State Police said troopers arrested de Soto “for the crime of terroristic threats,” according to a news release.

“This arrest was made following an investigation that revealed Mr. Desoto had made several threatening/intimidating threats against government officials. This investigation is ongoing,” the release said. “The West Virginia State Police and the West Virginia Capitol Police take all threats against government process seriously.”

De Soto, who is from Gerrardstown, won a three-candidate Republican primary race last spring, winning against incumbent Don Forsht, R-Berkeley in the 91st district. There was no Democratic candidate in the November general election, but he faced competition from a Constitution Party candidate.

He is supposed to start his term in the Legislature in January 2025. On Wednesday, de Soto, who ran as a Republican, switched to the Democratic party. The Secretary of State’s website listed him as a Democrat on Thursday morning. 

Ahead of the threats, House Republicans have raised concerns about whether de Soto was truthful about his military career or if he was actually a physician. DragLine, a publication from the ACLU-WV, detailed the inaccuracies in de Soto’s statements in an article that was published earlier this year. 

On Sunday, when Republican House members gathered in closed-doors meetings to renominate the current House speaker to remain in the position, several people said that the meeting was mainly used to question de Soto about his background and whether that should result in a possible disqualification to serve in the House. Armed Capitol police officers guarded the doors during the private meeting. 

According to a criminal complaint, de Soto said that Sunday’s meeting had upset him. The complaint said that an email sent by de Soto on Dec. 10 said, “They play stupid games, they are getting stupid awards … I have only begun … and won’t stop. I had a vision to destroy them from the angel of Moroni.”

Del. Wayne Clark, R-Jefferson, said that it all came to a head on Wednesday afternoon. House Speaker Roger Hanshaw’s office called to alert Clark of a serious threat.

Clark was concerned because his teenage daughters were home alone. 

“I instructed the kids to leave the house,” he said. “My family suffered last night … there’s a chance this guy gets out today. And, now what?”

Clark said that de Soto’s mental health was a concern and hoped that he would get help. 

“But this can’t happen. I’m not the only one who had to suffer last night,” he said. 

Del. Michael Hornby, R-Berkeley, said in a now-deleted post on social media that he was also a target of a threat. He was contacted by a representative from the House of Delegates. 

He wrote, “I received a call to relocate my family immediately as I was driving through a snow storm over an hour away from home. It has been a rollercoaster of a day but I want to thank the State Police, Capitol Police and the Berkeley County Sheriff’s Department for clear crisis communications communication and direction.”

The House will gavel in Jan. 8, 2025 for a one-day session to elect leaders of each chamber. The Legislature reconvenes in February 2025 to begin the regular session. 

De Soto hasn’t been sworn in yet. If he resigns, the Democratic Party will get to appoint a replacement due to his party switch. 

Mike Pushkin, chair of the state Democratic party, said the allegations against de Soto were “deeply serious and should be treated with the full weight of the law.”

“First and foremost, our thoughts are with the delegates and their families who were subjected
to these alleged threats. No one — especially those working in public service — should ever
have to fear for their safety or the safety of their loved ones,” Pushkin wrote. “We will continue to support efforts to ensure the safety of those who work in service to the people of West Virginia.”

West Virginia Republican Party Chairman Matt Herridge said that the party supported the House leadership and their expulsion efforts.

“We are aware of these and other serious facts and allegations, as well as the steps the House GOP Caucus has taken toward expulsion. Our elected officials sacrifice a lot to serve their communities, and it is a travesty for anyone to face the additional burden of threats made against themselves and their families,” Herridge said. “We disavow and condemn the behavior of the former Republican Delegate-elect and thank all those who are willing to serve their communities and state, in spite of the challenges it too often poses.”