Federal Judge Grants Motion To Stay In Dunbar Police Brutality Lawsuit 

A federal judge has granted a stay in a case of alleged police misconduct.

U.S. District Judge for the Southern District of West Virginia Irene Berger’s decision Friday to grant the stay follows an Emergency Motion for Protective Order filed Jan. 27 by the city of Dunbar and two police officers named in a brutality lawsuit.

Last September, a lawsuit was filed against Dunbar police officers Zachary Winters and Adam Mason. The suit was filed by Michael Scott Sr. on behalf of his son, Michael Scott Jr.

The Kanawha County sheriff’s office is also investigating the incident.

The original complaint alleges the officers used excessive force against Scott Jr., slamming his head to the pavement and denied him medical care, causing his death two days later. 

On Jan. 27, the City of Dunbar filed a Motion to Stay after being requested to produce documents and evidence for a separate federal grand jury subpoena by Feb. 22. 

“Due to the ongoing investigation … defendants move the court for a stay and/or protective order of all discovery (in the civil matter) until the conclusion of the investigation,” the motion stated.

Judge Berger made the following statement in granting the motion:

“As a result, defendants Mason, Winter and Dunbar are aware that there is an ongoing investigation into the events of the incident alleged in plaintiff’s complaint,” the motion states. “Due to the ongoing investigation … defendants move the court for a stay and/or protective order of all discovery until the conclusion of the investigation.”

Judge Berger ordered all discovery be stayed until April 24.

The City of Dunbar and Officer Mason have been named in other excessive force complaints which are pending in federal court. 

The complaint states the Dunbar Police Department recently changed its use of force policy to allow “further escalation and to include striking of a subject’s head.”

Jefferson County Police Embrace New Training To Improve Communication Skills, Recognize Bias

As the nation continues to grapple with conversations over police brutality and racism, some police departments are trying to tackle the problem by teaching better communication skills and recognizing bias among their officers.

Police in Jefferson County recently completed a two-day training focused on de-escalation, implicit bias and racial profiling.

About two dozen police officers gathered inside a spacious room, upstairs in the Charles Washington Hall in downtown Charles Town last week. They all work in Jefferson County. Most of them are city police in Charles Town, with some from Ranson and the Jefferson County Sheriff’s Office. Most of the police at the training were white men, but three were women, including one who was Black.

These officers came together to learn skills in de-escalation, which means to approach confrontations with respect, empathy and calm communication.

Cpl. Jason Newlin, who’s white, has 18 years of policing experience, most at the Charles Town Police Department. He said the last time he had training in de-escalation was in 2002. 

“I think training like this will show the general public that we’re making an attempt to retrain our thought process and, you know, retraining the way that certain situations can be handled in the way that we speak to people,” Newlin said. “Every human being, whether they’re on the right side of the law or not, have an expectation to be treated with dignity and respect.”

Annual de-escalation training isn’t mandatory in Charles Town, but some West Virginia cities, such as Morgantown, do make it mandatory. Newlin said he thinks training in de-escalation and racial profiling need to happen more often.

“Technology advances, why shouldn’t our training? We have to shoot our guns twice a year to maintain state qualifications for weapons that some have never ever had to use in the field,” he said.

But they don’t receive regular training in communication skills, which Newlin points out, is one of the things they use most.

All police officers in West Virginia are required to have 16 hours of state-approved, in-service, or continued education training annually, according to Charles Town Police Chief Chris Kutcher. It’s department heads, like him, who decide what these annual trainings will include.

“Let’s face it, we know what’s going on in the country. It’s a hot topic. You know, as the chief, I felt now is a really good time to look at our de-escalations, look at our racial profiling,” Kutcher said. “My focus with this is to give the officers some tools, things to think about when they’re out interacting with our public here in Charles Town.”

Kutcher said this was the first training held by his department that took such an in-depth look at de-escalation, racial profiling and bias.

The training was led by Silver State Consulting, a law enforcement and police training group based in Las Vegas, Nevada. They focused the first day on de-escalation techniques for addressing verbal confrontations. They emphasized the importance of speaking calmly, asking questions, like “how can I help?” and being respectful at all times.

The second day, police officers learned about implicit, or unconscious, bias and racial profiling. The instructor emphasized that everyone has implicit bias and discussed ways to recognize when this is a problem.

“When you’re being trained to be a law enforcement officer, you’re trained on how to do the job, but you’re not trained on how to interact with people,” said Robert Woolsey, the owner of the Silver State Consulting group who led the two-day training in Charles Town. Woolsey is also a former police officer and police chief.

He said police are the public face of government, so it’s hugely important for them to have good people skills and remain positive while interacting with the community.

“Most people see a police officer every single day, but they never see their mayor or their governor or the president of the United States,” he said. “And so, as a very visible presence in the community, it’s something that needs to be taught. We just never thought to do it. We never really put the emphasis on how to communicate and how to interact with folks.”

Woolsey said criminal justice reform as a whole is necessary to address the problems of racism and the high incarceration rate of people of color. He said recognizing mental health issues among police officers, suspending them when necessary and training in de-escalation and racial profiling are keys to a better policing system.

At least one other West Virginia police department, Morgantown, held a similar training earlier this year. According to a department spokesperson, Morgantown holds de-escalation and anti-bias training annually.

West Virginia Public Broadcasting also reached out to the Charleston, Wheeling and Huntington Police Departments for comment on their own de-escalation training, but they did not immediately respond for comment.

The Black Talk

Much of the recent work of our Us & Them team has focused on our day-to-day experience as we live through a global pandemic. But we need to shine our light on the deadly consequences of police brutality. Racial inequality is America’s most toxic “us and them” issue.

George Floyd died from a Minneapolis police officer’s chokehold. Police officers in Louisville shot and killed Breonna Taylor. Officers in Atlanta shot and killed Rayshard Brooks. The reactions to those and other killings have resulted in peaceful protests AND violent riots across the country. Those actions have prompted several Us & Them listeners to request that we re-post an episode we produced two years ago. It’s called “The Black Talk.”

In the light of all the calls and demands for change in the matter of racial equality, we are going to honor that request and repost the episode as it was originally released on February 28, 2018.

Here’s to the dawning of a time, when this kind of “Black Talk” can become a historical footnote.

This episode of Us & Them is presented with support from the West Virginia Humanities Council and the CRC Foundation.

Subscribe to Us & Them on Apple Podcasts, NPR One, RadioPublic, Spotify, Stitcher or wherever you download podcasts. You also can listen to Us & Them on WVPB Radio. Tune in on the fourth Thursday of every month at 8 p.m. with an encore presentation on the fourth Saturday at 3 p.m.

ACLU Investigates Martinsburg Police For Alleged Use Of Force In Protest Arrests

The American Civil Liberties Union of West Virginia is investigating the treatment of several protesters recently arrested by the Martinsburg Police Department.

At least 11 people were arrested in Martinsburg the weekend of May 30 and 31 during demonstrations protesting police brutality and racism. 

 

On Thursday, the ACLU of West Virginia filed a Freedom of Information Act request to the Martinsburg City Attorney’s Office and the Martinsburg Police Department on behalf of the Berkeley County Unity Coalition, a newly formed group of civil and human rights organizations, educators, faith leaders and others.

The FOIA asks for bodycam and dashcam footage, names and badge numbers of officers involved, official law enforcement policies and procedures for interacting with community members at protests, and use-of-force policies.

Additionally, according to the ACLU, the protesters who were arrested were forced to sit in jail with “excessively high bails” amid the coronavirus pandemic that has hit jails and prisons in the United States especially hard. A news release also said multiple video recordings appear to show police using “excessive force” and “escalating tensions” during the protests.

“This situation could have been handled in a way that de-escalated the situation and afforded a learning opportunity for both sides,” said Damon Wright, president of the Berkeley County Schools Diversity Council in the release. “Some of the young people were school aged and these incidents could further traumatize them to think twice about the role of police in helping.”

Wright said de-escalation training is “desperately” needed for officers.

Dr. Zakee McGill, president of the Berkeley County NAACP, also called for transparency from the authorities.

The Martinsburg Police Department wasn’t immediately available for comment.

On May 31, someone fired at least eight gunshots during an evening protest in downtown Martinsburg, according to police reports. No one was injured, and the shooter fled on foot.

Court Allows Lawsuit Against Sophia Patrolman to Proceed

A federal judge has dismissed charges against Sophia in a police brutality lawsuit, but allowed a lawsuit seeking punitive damages to proceed against the patrolman accused of beating and kicking a handcuffed man.

The Register-Herald reports that U.S. District Court Judge Irene Burger last week in Beckley dismissed numerous charges against Sophia and its police department. Burger ruled that the town and police department cannot be sued because they are legal entities.

Burger also said that such immunity doesn’t apply to employees, including Sophia Patrolman Zach Issa.

Plaintiff Travis L. Honaker filed a lawsuit in March, saying Issa hit, kicked and stomped him while he was handcuffed following an arrest on Sept. 21, 2013.

Sophia Mayor Danny Barr says he thinks Issa will be found innocent during a summer 2016 jury trial.

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