Frederick County sheriff says he's staying put despite indictment

A day after the sheriff in Frederick County was indicted on federal charges, FOX 5 is learning more about what might happen next in the county.

Sheriff Chuck Jenkins was indicted on federal charges in an alleged scheme to illegally acquire machine guns along with the owner and operator of a gun store in the county.

In a statement Wednesday, Jenkins said he planned to continue his role as sheriff while the legal process plays out.

"I have been in constant communication with the DOJ and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for over a year and have been 100% cooperative throughout the course of this investigation," Jenkins said in a statement provided by a Sheriff’s department spokesman. "At the advice of my attorney and out of respect for the justice process, I am not providing any comment at this time."

Legal experts say Maryland law does allow Jenkins to continue serving. 

Mark Graber is a professor at the University of Maryland Law School. Graber says the Maryland Constitution spells out what happens if an elected official is convicted of a crime, but the period between a charge and potential conviction is less clear.

FOX 5 reached out to every member of council in Frederick County. Most responded with the same statement:

"The Sheriff is a duly elected official, serving in a role established in the Maryland Constitution. The County Executive and County Council play no role in the operation of the Frederick County Sheriff’s Office beyond funding the division, according to the Frederick County Code and Charter. Any questions about the indictment should be directed to the Department of Justice. Questions surrounding the duties of the Sheriff should be directed to the Maryland Office of the Attorney General."

Council Vice President Kavonte Duckett, however, said this indictment impacts trust with citizens, and called on Jenkins to place himself on administrative leave, also acknowledging council doesn’t have any oversight over the office other than funding.

Legal experts tell FOX 5 the method by which Jenkins would be removed from office prior to a potential conviction is impeachment.

FOX 5 also reached out to every legislator who represents Frederick County and either didn’t hear back, were told no comment, or were told by staff the legislator was too busy to respond.

The lone exception, Republican Delegate Chris Tomlinson said: "I have known Sheriff Jenkins to be an outstanding leader in law enforcement for decades.  As of now, Sheriff Jenkins has been indicted, and those are just allegations. He is presumed innocent until the justice process plays out."

Todd Eberly is a political science professor at St. Mary’s College and says, to his knowledge, a sheriff has never been impeached in Maryland.

"In this case, he’s accused of a crime, but he has not been convicted," Eberly said. "There is the presumption of innocence that always falls upon anyone, but then there is this question of do you have a higher standard for someone who’s in a position of public trust, and do you have an especially higher standard for someone who’s responsible for law enforcement, which is the case here."

Eberly also added Maryland’s legislature is about to finish its session and may not take up an impeachment inquiry at this phase of its session.

"I really don’t know that the assembly is going to want to wait for an election to come around or for a case to go forward, at the same time, we’re in the final week fo session, so if this is going to be something that’s taken up, is it going to be during a regular session, is it going to be during a special session. I think the timing is important here," Eberly said.

Another question: The impact of current investigations by the department while Jenkins is under indictment. 

Mark Graber says in the eyes of Maryland law, everything the department does now is legal.

"Everything this sheriff does before a conviction is legal. Nothing the sheriff does if convicted afterward is legal," Graber said.

FOX 5 also asked State’s Attorney Charlie Smith if there were any legal or ethical concerns knowing the sheriff will continue serving in his role.

"While the allegations are certainly unfortunate, they are not a matter over which I would have jurisdiction. Even on the state level, public corruption would in all likelihood be handled by the state prosecutor or attorney general," Smith said in a statement. 

FOX 5 reached out to the sheriff’s office spokesman for an update Thursday, but did not hear back.