HUNTINGTON, W.Va. (AP) — The Cabell County prosecutor’s office has withdrawn from a food bank embezzlement case.

Former Huntington Area Food Bank executive director Leigh Anne Zappin is accused of embezzling more than $23,000 from the organization.

Media outlets report that prosecutor Chris Chiles withdrew his office from the case following a defense request for a special prosecutor.

In their request, Zappin’s lawyers criticized assistant prosecutor Jason Spears’ involvement in the case. Spears’ signature was on a grand jury subpoena when he was serving on the food bank’s board.

Chiles said last week in court that there wasn’t any violation. But he agreed with the appointment of a special prosecutor due to the appearance of impropriety.