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September 29, 2020

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Attorney General Steve Marshall Announces Arrest of Former Barbour County Sheriff for Violation of State’s Ethics Law

(MONTGOMERY)—Attorney General Steve Marshall announced the arrest of Leroy Davie Upshaw, the former sheriff of Barbour County, for the use of his public position for personal gain. Upshaw surrendered to the Barbour County Sheriff’s Office on September 28, and was subsequently released on bond.

Upshaw, 49, of Eufaula, served as sheriff of Barbour County until his term ended in early January 2019.

Attorney General Marshall’s Special Prosecutions Division obtained two warrants for Upshaw’s arrest on September 28.*

The two charges allege that Upshaw improperly took over $85,000 from multiple accounts belonging to the Barbour County Sheriff’s Office. One charge alleges that Upshaw used his public office to receive personal financial gain, while the other charge alleges that Upshaw used his public office to obtain financial gain for members of his family.

No further information about the investigation or Upshaw’s alleged crime can be released at this time.

Attorney General Marshall expressed his appreciation for assistance provided by the Alabama Ethics Commission during the investigation of Upshaw.

The use of office for personal gain is a class B felony, punishable by two-to-20 years imprisonment.

*An arrest warrant is merely an accusation. Defendants are presumed innocent unless and until proven guilty.

The primary duty of the Attorney General is to serve as legal counsel to Alabama's state agencies, departments, and officers. Our office is prohibited by law from providing private citizens with legal advice, representation, or opinions (Code of Alabama, 1975, Title 36, Chapter 15). The Attorney General's Office does not handle any domestic cases (example: child support, child custody, divorce, etc.) or probate matters (real estate, wills, property disputes, etc.). To obtain an attorney or legal aid referral, you may contact the Alabama State Bar Lawyer Referral Service at or by calling 1-800-392-5660 .