GREENE COUNTY, Va. (WVIR) - A judge is considering whether to allow a Greene County supervisor to leave the state while he faces a felony charge.

David L. Cox's lawyer asked a judge Tuesday, June 11, to grant a motion that would allow the supervisor to leave the commonwealth if needed. She told the judge her client often travels for work.

Both Cox and Richard W. Eppard were in Greene Circuit Court Tuesday morning for a first appearance. Both men are facing a felony charge of larceny for allegedly farming on county property for personal gain.

Documents obtained by NBC29 show an email chain between prosecutors and Greene County Commonwealth's Attorney Matthew Hardin. Hardin claims that Cox simply took hay and weeds from a piece of county property between Dairy Road and Watson Road. Additionally, Hardin believes these items have no value, and the county never wanted this case prosecuted.

Cox continues to serve on the Greene County Board of Supervisors. He and Eppard are scheduled to be back in court on July 30.