On Jan. 3, Toler and the informant met, and Toler accepted a payment of $850 from the informant, the motion states. The two allegedly agreed that the informant would sell more cocaine and share the profits with Toler. The conversation was recorded, according to the motion.
Toler accepted another cash payment from the informant on Jan. 8, prosecutors wrote in the motion.
Two days later, Toler allegedly called the Williamson Police Department to ask if, when police had impounded the vehicle on Dec. 31, any cocaine was found in the vehicle. That conversation was recorded by a member of the Mingo County Sheriff's Department, according to the motion.
Toler is one of several former Mingo County officials arrested in a corruption probe by the office of U.S. Attorney Booth Goodwin. Former circuit judge Michael Thornsbury, former prosecutor Michael Sparks and former county commissioner David Baisden have pleaded guilty to various federal charges and have resigned from office.
Toler was appointed magistrate by Thornsbury in January 2012 to replace Eugene Crum, who had resigned to run for sheriff. Crum was elected sheriff that year and was shot to death in April 2013. Federal prosecutors have said an alleged drug dealer's accusations against Crum were at the center of the scheme that eventually led to guilty pleas from Thornsbury and Sparks.
Toler's attorney, Joseph Farrell, told Johnston that Toler, who is a diabetic, had been scheduled to have surgery on his foot Thursday. Farrell said Toler has a MRSA infection in his foot that needs immediate attention.
"I'm very concerned he could lose his foot if he doesn't get that care," Farrell said, adding that he previously had spoken to jail officials about it, but that Toler has yet to see a doctor. The judge said he would make a request that Toler receive treatment.
Reach Kate White at kate.wh...@wvgazette.com or 304-348-1723.