PURCELLVILLE, Va. (June 30, 2026) – A Loudoun County Circuit Court judge on Monday declined to set aside the April recall verdict that allowed Purcellville Vice Mayor Carl “Ben” Nett to keep his seat. Visiting Judge Randy I. Bellows denied a motion by Special Prosecutor Eric L. Olsen seeking to vacate the verdict and remove Nett from office.
In denying the motion, Bellows found that the verdict form used at trial was effective and not issued in error. He noted that several days passed between when the verdict form was provided and when the matter was ruled upon, giving Olsen ample opportunity to object to the form if he believed it was improper. The judge said the General Assembly’s use of may rather than shall in the removal statute was intentional, observing that shall appears 44 times within that section of the code while lawmakers chose may here, leaving the decision on removal discretionary. Bellows also pointed to a 2023 amendment to the statute, which he described as a material change that reflected the legislature’s deliberate choice of language.
Nett remains suspended from his council seat under a separate order tied to his pending felony charges.
The motion, titled Motion to Vacate or Set Aside the Verdict and to Remove Benjamin Nett From Office, was filed by Olsen, the Stafford County Commonwealth’s Attorney serving as special prosecutor, in Qualified Voters of Purcellville v. Carl Benjamin Nett (Case No. CL25-2775).
At the center of the motion was a single word in the removal statute. Virginia Code § 24.2-233 provides that a circuit court may remove an elected officer. Olsen argued that may should be read as mandatory, contending that removal functions as a consequence of the jury’s factual findings rather than a separate question for the jury to decide. The filing argued that because the jury found Nett committed violations, there was nothing left to decide.
The motion followed an April recall trial in which a seven-member jury found that Nett violated the Virginia Conflict of Interest Act and the town’s policies and procedures, but declined to remove him from office. The jury did not find that Nett violated the Virginia Freedom of Information Act or that he acted for personal financial gain. The recall petition was filed in April 2025 by a group of residents identifying themselves as the Qualified Voters of Purcellville.
The removal question is separate from Nett’s current status on the council. On May 29, the court suspended Nett and former Town Manager Kwasi Fraser from their positions under Senate Bill 648, a state law that took effect in April, pending the resolution of felony criminal charges against them. Nett faces charges including bid-rigging and conspiracy, with trials scheduled for October and December. Those charges have not been adjudicated, and Nett is presumed innocent unless and until proven guilty.
Nett was first elected to the Town Council in 2024 and was serving as a police officer with the Purcellville Police Department when he took office in January 2025. He was terminated from the department in April 2025. The recall effort against him was one of four petitions filed against sitting council members; the others have not advanced.
