The trial has been delayed for a former Ohio State Highway Patrol lieutenant charged with tampering with records and theft.

William P. Elschlager, 47, of Marietta, was scheduled to begin trial on Nov. 10 to face charges of tampering with records and six counts of theft, all third-degree felonies but the trial has been delayed after Elschlager’s attorney, Samuel Shamansky, filed an appeal with the state of Ohio.

At the arraignment, Assistant Delaware County Prosecutor Mark Sleeper said that police had executed a search warrant at Elschlager’s home to find evidence in a Washington County criminal case and during the search they located two firearms that had been stolen from evidence while Elschlager was a trooper at the Delaware post of the highway patrol.

Sleeper said when police checked the paperwork for the guns they learned that Elschlager had recorded that he had destroyed the guns.

One of the guns was still in the evidence bag, Sleeper said.

The appeal centers around a motion to suppress that was filed by Shamansky. In the motion, Shamansky argues that the weapons should not have been taken because the search warrant did not specifically list them and said police had no probable case to take the firearms.

Judge David Gormley granted part of the motion to suppress and removed one of the firearms from evidence, but said the firearm that was found in the evidence bag was obtained legally.

Shamansky filed an appeal with the state of Ohio at the end of September. Court documents indicate the Nov. 10 trial was vacated since the appellate court had not yet made a ruling.

Court documents also indicate that Shamansky and Rohrer have stated they are involved in plea negotiations.

Elschlager has also pleaded not guilty in Washington County Common Pleas Court to six charges including abduction, criminal trespassing, menacing by stalking and receiving stolen property. The Associated Press reports these charges stem from an affair Elschlager had with one of his troopers’ wife while he was the post commander in Marietta. He will stand trial on those charges on Aug. 3.

Prosecutors said Elschlager later left his position at the Delaware post and became post commander at the Marietta post.

Court documents also state the outcome of the Washington County case will affect any plea agreement.

Officials from the Ohio State Highway Patrol said that Elschlager was fired on Feb. 1 for “conduct unbecoming of an officer” and other offenses after he was charged with the incident in Marietta Municipal Court.

Officials report Elschlager had been with the Ohio State Highway Patrol since 1997.