One of two former Wendy's employees accused of tampering with a deputy's hamburger is free on bond while the other remains behind bars.
Thomas Bender, who is accused of placing pubic hair on a deputy's sandwich, is lodged at the Northern Regional Jail. His alleged accomplice, Josh Monroe of Shadyside, posted $1,500 bond and was released after their initial appearances in Marshall County Magistrate Court on Monday.
The same bond was set for Bender.
Bender, 32, of Moundsville faces one misdemeanor count of adulteration of food. He and Monroe also face misdemeanor charges of conspiracy.
While deputies said Bender actually placed his own hair on the sandwich, Monroe allegedly encouraged him to do so. Both knew the target of the act was a Marshall County sheriff's deputy, investigators said.
Both have been fired from Wendy's, along with the on-duty shift manager who was working at the time of the March 15 incident.
Bender appeared visibly shaken during his appearance before Magistrate William Anderson. After Anderson set bond, Bender asked the magistrate about the possibility of a personal recognizance bond, saying he doesn't have much money.
However, Anderson reminded him he would have the opportunity to contact someone to help him post bond.
Monroe was quiet during his appearance, but that changed after his processing at the sheriff's department.
As both were being led out to be taken to the jail, Monroe said the shift supervisor was to blame for the incident, adding that Bender was hung over at the time of the incident.
Further proceedings in both cases have yet to be scheduled.
Marshall County Sheriff's Department Chief Deputy Kevin Cecil said immediately after the appearances that he believes Bender is remorseful; Monroe does not appear to feel sorry for the alleged incident, he added.
"We'll see what happens ... ," Cecil said. "It was disgusting then. It's disgusting now."
If convicted of the adulterating charge, Bender could be sentenced to up to one year in jail or fined up to $500 or both. The conspiracy charges each carry a maximum sentence of one year in jail or a fine of up to $1,000 or both.
Since the incident, the company that owns the Moundsville restaurant, Primary Aim LLC, has imposed the requirement of background checks on all employees, Cecil said, noting that the department is in the process of completing those checks. In addition, the company has promised the addition of security cameras in food preparation areas.
An internal investigation determined the incident was isolated, according to Primary Aim President Ben Thompson. Thompson has said the company is confident there has never been any other food tampering incident at the Moundsville Wendy's.