The sheriff of Rockbridge County faces a charge of misdemeanor assault and battery after an Oct. 14 incident in a county employee's office, according to the Lexington Police Department.

Sheriff R.W. "Bob" Day of Fairfield is scheduled to appear in court Oct. 27 for allegedly assaulting Robert Foresman, coordinator of the county's office of emergency management.

Day, Rockbridge's sheriff since 1991, could not be reached for comment Tuesday. Foresman, meanwhile, issued a statement saying Day had entered his office at 150 S. Main St. in Lexington and acted "without provocation."

As a result of Foresman's complaint to police, Day was charged Tuesday with assault and battery, a misdemeanor punishable by up to 12 months in jail and a fine of $2,500.

Lexington Police Chief Steven Crowder said he would not comment further.

Rockbridge Commonwealth's Attorney Robert Joyce declined to discuss details of the incident and said his office will not be involved in prosecuting the case, which he described as "strictly a matter between one private citizen and another private citizen who happens to be the sheriff."

If a prosecutor becomes necessary, Joyce said, he will ask a judge to appoint a special prosecutor. "We're not going to participate, and I don't want to prejudice anything any other prosecutor does. I am absolutely staying out of it," he said.

Foresman was equally vague on what allegedly happened in his office on Oct. 14. According to the one-page statement Foresman issued, Day entered his office that morning "for what I expected to be a normal discussion when, without provocation, he chose to escalate his actions beyond professional conduct."

"Unfortunately, as a direct result of Sheriff Day's conduct, I was left with no other choice than to turn the matter over to law enforcement officials to investigate and to determine the appropriate course of action, based on my statement and those of witnesses."

Day, an independent, has been sheriff of Rockbridge for nearly 18 years, according to the office of the county registrar of voters.