Despite facing charges of first-degree theft, Ken Sharp is leading Bailey Stober in a tightly contested race for the Kent City Council.

Sharp is beating Stober 49.28 percent (4,834 votes) to 46.59 percent (4,570), a lead of 264 votes, according to King County Elections results released Wednesday afternoon. Debbie Raplee entered the race late in an effort to get elected as a write-in candidate but write-in candidates had only 4.14 percent (406 votes) of the total.

In the other contested council race, Jim Berrios is easily defeating Wade Schwartz 62.76 percent (6,376 votes) to 37.18 percent (3,768).

Sharp showed up at Mayor Suzette Cooke’s gathering Tuesday night at Airways Brewery and Tap Room but declined to speak to a reporter about the election. Sharp has avoided and declined any comments to the Kent Reporter over the last couple of weeks.

Even if Sharp wins the election, he would later lose the council position if convicted of the felony theft charges against him.

Sharp, who owns Minuteman Press in Kent, is scheduled to return to court Nov. 20 as he faces seven counts of first-degree theft for reportedly stealing $297,500 from his 93-year-old mother’s bank account and putting the money into his account. A court date could be set at the hearing or attorneys could ask for more time to prepare the case.

“Upon conviction of a felony, the council member would immediately become ineligible to vote in the state of Washington, and thus, without further action, would be ineligible to serve as a member of the council,” Kent Acting City Attorney Pat Fitzpatrick said in an email.

If convicted as charged, Sharp faces a prison sentence of 22 to 29 months, according to Dan Donohoe, spokesman for the King County Prosecuting Attorney’s Office.

“In the event Mr. Sharp wins I am confident the justice system will run its course and I will actively seek the appointment once he is sentenced to a prison term,” Stober said in an email. “The residents of Kent deserve a committed councilmember focused on public safety, job creation and balancing the budget and I’m ready to serve them.”

If Sharp wins and later loses his seat, the council would then take applications and appoint a resident to serve until the next regular city election, Fitzpatrick said. The person who wins that election would serve the remainder of the term of the council member convicted of a felony.

Sharp, who served as the Kent Chamber of Commerce president last year, remained in the race despite his June arrest by Federal Way Police and charges filed by King County prosecutors. He pleaded not guilty to the charges on Aug. 29 in King County Superior Court.

Stober, a project analyst with the Washington State Office of Minority and Women’s Business Enterprises, remains confident he can overtake Sharp.

“Mr. Sharp will see our campaign gain the same momentum and ground that we did from late primary voters,” said Stober, who edged Barbara Phillips for second behind Sharp in the primary. “I’m more than confident that in the coming days our campaign will secure first place. There are thousands of ballots left to count and we actively targeted late voters.”

Stober has been the target of constant tirades throughout the campaign by Sara Sharp, the wife of his opponent. Sara Sharp posted numerous comments on the Kent Reporter website and Facebook page. She attacked Stober’s credibility, qualifications and ability to lead. Stober issued a press release Oct. 2 to dispute her accusations.

The winner between Sharp and Stober replaces Elizabeth Albertson, who decided not to seek reelection. Her term expires Dec. 31.

Berrios winning

Berrios, owner of the Golden Steer Steak ‘n Rib House on the East Hill and president of the Kent Chamber of Commerce, had no trouble defeating Schwartz.

“I was humbled and pleased,” said Berrios, whose election party was at the Golden Steer. “I was in a room full or supporters so there was a lot of cheering people were excited.”

Berrios, a former Kent School Board member who lost in the 2009 mayor’s race to Suzette Cooke, emphasized his business experience during the campaign. He said that experience will help him oversee city budgets.

“I appreciate that not every day I will have to look at the results,” Berrios said about the easy victory.

Schwartz, who owns Blanc-n-Schwartz Salon in downtown Kent, had hoped to be the one to replace Jamie Perry, who decided not to run for reelection. Her term expires the end of the year.

“Jim is a great guy and I’m proud that I had the opportunity to run against Jim and have a clean campaign,” Schwartz said. “I really enjoyed getting to know Jim and his wife Suzanne.”

Schwartz said he liked the opportunity to get to know Kent residents.

“I’m also very humbled with the time that I got to spend with so many of the citizens of Kent,” Schwartz said. “My vision for working with Kent has not changed. I will continue doing all that I do with the city and for the city. My partner Billy and I love this city.”

Councilmembers are paid $13,752 per year for their part-time positions. They serve four-year terms.

Councilmember Dennis Higgins ran unopposed for a second, four-year term.