RICHMOND, Va. (WRIC) — Timothy Martin, the Commonwealth’s Attorney for Augusta County has been appointed by the Richmond Circuit Court to determine if an investigation into Richmond Mayor Levar Stoney’s removal of the Confederate statues will happen. Martin says it will take “some time” to decide whether his office will investigate.

Stoney’s use of the firm NAH LLC. to remove city statues depicting Confederate symbols was brought into question by Councilwoman and mayoral candidate Kim Gray back in August.

Paperwork filed with the Circuit Court for the City of Richmond says local media reported that NAH LLC. was created 10 days before Stoney ordered the removal of the monuments. The firm was found to be linked to a Newport News contracting firm owned by Devon Henry, a Stoney donor.

A letter written by Gray on Aug. 18 requested that Collette McEachin, the Commonwealth’s Attorney for the city of Richmond investigate “the facts and circumstances surrounding this matter to determine whether any laws or emergency procurement rules were violated and whether any criminal charges are warranted.”

McEachin declined the request to investigate Stoney’s ties to the firm citing previous donations by Henry to her husband Rep. Donald McEachin’s campaign. The Commonwealth’s Attorney said in a letter to Gray that she wanted to maintain the public trust in her office and take any actions that appear improper.

McEachin instead requested that the Richmond Circuit Court select and appoint a special prosecutor from another area to determine further action.

According to the Code of Virginia, a Commonwealth’s Attorney is authorized to request an investigation led by the Virginia State Police Bureau of Criminal Investigation into whether any criminal violations have occurred.

The court documents explain that no investigation into an elected official of the Commonwealth or any political subdivision may begin except upon the request of the Governor, Attorney General or a grand jury.