State Police Public Liaison Tasked With Redemption

Mitchell says from a day-one cadet to a retiree, troopers vow to maintain the core values of respect, integrity, courage, compassion, honesty, and justice.

In his new position as West Virginia State Police Chief of Staff Services, Maj. James Mitchell acts as financial CEO and oversees the cadet academy, public relations, legal relations and a dozen or so other departments. The law enforcement veteran and Beckley native says he wanted to be a trooper ever since he saw the men and women in green when his farming family took him to the state fair as a youngster.

“I joined the state police in January of 2000, that was 23 years ago,” Mitchell said. “I was a city police officer before that in Beckley for about six years, and I was in the military before that. So I’ve got 33 years this year as a law enforcement officer.”    

Mitchell said when he learned of the hidden camera in the women’s locker room and all the allegations of wrongdoing, it broke his heart.

“It affects every single person wearing this uniform,” he said. “Not just the state police, it affects other agencies as well, because the public will group law enforcement together, regardless of the color of the uniform. It was heartbreaking not just to me, but to so many of the people in law enforcement that I’ve talked to. It’s happened, we can’t deny that. But we can make sure it doesn’t happen in the future.”

Mitchell said cadet training at the State Police Academy evolves over time and changes in social culture. He said the loss of integrity by a few in the department makes balanced training even more important.  

“Number one, we’re honest about it,” Mitchell said. “We expressed to them the importance of Stress Inoculation Training. So, we’re going to talk about the balance of it. We try to make sure at the beginning of training, that they can respond and function under a life or death, high stress environment. Then it changes more to a mentoring style of training the mind when it comes to criminal work. They gain understanding of criminal investigations, crime scene investigation, traffic investigation, and officer survivability techniques. So, there’s a great balance of training, and it fluctuates.”

Mitchell says from a day-one cadet to a retiree, troopers vow to maintain the core values of respect, integrity, courage, compassion, honesty, and justice.

“I think their value system is very important,” he said. “It will hold them true throughout their career, and then they won’t have problems like we’ve experienced. Unfortunately, what some have done is a violation of the core values.”

Mitchell said he could not discuss the active investigations now underway involving alleged casino theft, the hidden camera and destruction of evidence, alleged rape and improper conduct – or pending litigation by a growing number of women law enforcement officers concerned with possible violations while training at the academy. He was asked, “Was there a problem with a few bad apples, as Gov. Jim Justice has said, or was there a counterculture uncovered that put integrity on the backburner?”

“All of the things that you ask, I’m sure, are being looked at in the investigations,” Mitchell said. “There will come a day though, we hope it to be sooner than later, where we’ll have all the facts of this and we’ll be able to openly discuss it.”

He explained that the wholesale leadership and personnel changes made by new Superintendent Jack Chambers come with the qualification of choosing your own top office staff.

“When a superintendent comes into office, he has by code, the ability to choose his own senior staff,” Mitchell said. “Anything above lieutenant – captain, major, lieutenant colonel, are all appointed positions by the superintendent.”

He said the State Police are working closely with Homeland Security and Gov. Jim Justice’s office, but all final decisions are made independently by Chambers.

“They trust him to do this job, that’s why they appointed him,” Mitchell said. “They trust him to make the right decisions, and they’re being very respectful and very supportive of him.” 

Mitchell said 99 percent of the agency, civilians and sworn personnel alike, are excellent, hardworking, compassionate people that really want to do a great job and want to arrest those who are doing wrong and protect the innocent. 

He said from what he’s heard, the rank and file, boots-on-the-ground troopers, female and male, still have the public trust and respect.

“Most people here support law enforcement, support the military, they’re very patriotic, they love their country. So we’ve been very blessed when it comes to good people,” Mitchell said.

Mitchell said for the future of the West Virginia State Police, it’s about societal adapting while committing to those core values.

 “We want to continue to change where changes are necessary, continue to stay with our principles that we know are true and move forward to continue to provide a service that’s exemplary,” Mitchell said.

W.Va. House OKs State Worker Raises, Troopers Get Bigger Bump

State police troopers in West Virginia would receive a $10,000 pay increase under a bill approved by the House of Delegates on Monday.

The proposal was passed 97-0 and now returns to the Senate, which previously had unanimously passed Gov. Jim Justice’s request for a 5 percent pay raise for most state employees. That proposal had included raises of about $2,550 for state troopers, and the House tacked on additional $7,450 raises for them while leaving the original pay raises for the other state workers intact.

In the original Senate bill, the $71.4 million cost of the raises for state police, teacher, student support personnel and school service personnel was included in the Republican governor’s proposed fiscal 2023 budget. The additional raises passed by the House adds $8 million to the bill. The increases would be effective July 1.

“I am concerned about its fate when it returns to the Senate because its fiscal note has now grown by $8 million,” said Delegate Jason Barrett, a Berkeley County Republican.

Some lawmakers had sought a state police pay increase based upon location, arguing that troopers in the Eastern Panhandle had a higher cost of living due to its proximity to Washington, D.C. But that bill did not make it out of the House before last week’s deadline for legislation to pass in their originating chamber.

Under the increases in the House version, a newly hired state police cadet would receive a base annual pay of about $48,500 while undergoing academy training. By comparison, current salaries for academy trainees are $47,800 in Virginia and $51,000 in Maryland.

Braxton County Democrat Brent Boggs said the across-the-board raise for troopers was the right move, then the locality pay could be looked at later.

“We’re hurting in a lot of areas of the state and we’re going to doom some people to the lowest of the low pay forever if we aren’t careful and we raise locality pay without giving consideration to the people that are losing population year after year after year after year,” Boggs said.

Justice offered the state employee pay raises in December, citing the state’s budget surplus. For the first eight months of the fiscal year, it was about $590 million above the year-to-date estimate.

Ex-W.Va. Trooper Acquitted In Teen’s Traffic Stop Beating

A former West Virginia state trooper was acquitted of charges Monday, Dec. 23, related to the beating of a teenager during a traffic stop. 

U.S. District Judge Gina Groh issued the verdict following an October bench trial in Martinsburg for ex-Trooper Michael Kennedy, of Morgantown. 

Kennedy was indicted by a federal grand jury on one count of deprivation of rights under color of law — language used to describe crimes committed by police officers while on duty. The indictment accused Kennedy of using excessive force resulting in bodily injury. 

Groh ruled that prosecutors did not prove that Kennedy acted willfully.

Kennedy’s actions “were not consistent with someone trying to inflict pain or do great harm to a suspect because they intend to deprive them of their right to be free from unreasonable force,” Groh wrote. 

A review of dashcam footage and court testimony “clearly show” that during Kennedy’s use of force, “every action by (the teen) caused a reaction” by the trooper, Groh wrote. 

The teen, who led authorities on a high-speed chase after rear-ending a sheriff’s deputy, was treated at a hospital and released. His name has not been released. 

Gov. Jim Justice has said the incident “cast a dark shadow” on law enforcement. 

Prosecutors said in court that Kennedy wanted to “punish” the teen during the November 2018 arrest. Defense attorney Craig Manford argued Kennedy was attempting to get the teen to comply. 

The eight-minute dashcam video taken from a sheriff’s cruiser and released in March showed Kennedy at the center of a group of officers kicking, stomping on and punching the teen. Authorities originally denied media requests for the video, citing the investigation. 

The video showed two officers yanking the teen through the open driver’s side window to the ground, where he lands face first and is immediately placed in handcuffs. Footage shows one of the officers then kicks and stomps him several times and puts his knee on the teen’s shoulder blade, pressing down with his full weight. The officer then punches the teen at least eight times. 

A minute later, the teen is pulled up to his feet but remains limp as he is thrown further to the side of the road. 

Seven law enforcement officers testified at Kennedy’s trial. Berkeley County sheriff’s dashcam video administrator, Deputy Willy Johnson, said he alerted the sheriff to the video because “something told me it wasn’t right.” 

Another video released in court showed Kennedy slapping the teen. 

Groh wrote that after the teen would not listen to verbal commands, Kennedy slapped him. The right-handed trooper used his open, left hand and struck the teen on the right side of his face, not his injured left side, the judge said. 

“He was attempting to gain compliance, not injure” the teen, Groh said. 

Groh also said the video’s release created “inappropriate pretrial publicity” that deprived Kennedy of his right to be tried by an impartial jury.

Kennedy, Trooper Derek Walker and a sheriff’s deputy were fired in January 2019. Another fired deputy got his job back. A state police internal investigation last spring cleared Kennedy of criminal conduct. 

Berkeley County Prosecutor Catie Wilkes Delligatti has said she couldn’t release details on whether the youth was charged, saying juvenile prosecutions are sealed. 

Walker also faces an excessive force lawsuit filed last year by a Charles Town attorney who says the trooper dragged his wife and slammed her to the ground in 2016 while she was talking to construction workers about a sidewalk project. State police responded to the scene when a worker allegedly backed his truck into the driver’s door of her SUV in a parking lot.

Martinsburg Police Deputies Involved in November Incident to Return to Work

The Berkeley County Sheriff’s Department has announced that two deputies involved in a November incident will return to duty.

A news release from the Berkeley County Sheriff’s Department says the two deputies will return to work on Monday, Apr. 15. Questions arose about their conduct during the apprehension of a 16-year-old suspect on Nov. 19, 2018.

The deputies, along with West Virginia State Police troopers, were responding to a high-speed chase that resulted in two vehicle crashes before the suspect was detained.

Dashcam video of the incident shows the suspect being kicked, punched and thrown.

The Berkeley County Sheriff’s Department says an internal investigation was conducted, resulting in disciplinary action against the deputies, which were accepted by all parties following an appeal.

West Virginia State Police Trooper First Class Michael Kennedy was charged last month with deprivation of rights under the color of law for his part in the incident.

Video Shows Teen's Beating During West Virginia Traffic Stop

Updated on Mar. 21, 2019 at 4:44 p.m.

A police dashcam video released Thursday shows a West Virginia police officer kicking and punching a handcuffed teenage boy on the ground and kneeling on his shoulder during a November traffic stop.

Berkeley County Prosecutor Catie Wilkes Delligatti released the eight-minute video to The Associated Press. The teen’s face is redacted in the video, taken from a sheriff’s cruiser.

The video shows two officers yanking the teen through the open driver’s side window to the ground, where he lands face first and is immediately placed in handcuffs. Footage shows one of the officers then kicks and stomps him several times and puts his knee on the teen’s shoulder blade, pressing down with his full weight. The officer then punches the teen at least eight times.

A minute later, the teen is pulled up to his feet but remains limp as he is thrown further to the side of the road.

Gov. Jim Justice has said the incident “cast a dark shadow” on law enforcement.

Authorities originally denied media requests for the video, citing the investigation.

Troopers Michael Kennedy and Derek Walker and a sheriff’s deputy were fired in January. Another deputy who was fired recently got his job back.

Kennedy, 29, of Morgantown, was indicted Wednesday by a federal grand jury on one count of deprivation of rights under color of law — language used to describe crimes committed by police officers while on duty.

The indictment accuses Kennedy of using excessive force resulting in bodily injury.

The teen was treated at a hospital and released.

State police have said the teen was involved in a crash with a sheriff’s cruiser before a pursuit ensued, his vehicle crashing again before he was apprehended. Delligatti said she couldn’t release details on whether the youth was charged, saying juvenile prosecutions are sealed.

The American Civil Liberties Union’s West Virginia chapter has said it would look into whether the teenager’s civil liberties were violated.

“The brutality witnessed in this video is shocking but all too familiar,” said Loree Stark, the West Virginia chapter’s legal director, in a statement. “Law enforcement has a constitutional responsibility to avoid excessive force, and it is crucial for videos like this to come to light so that offending parties will be held accountable.”

Walker also faces an excessive force lawsuit filed last year by a Charles Town attorney who says the trooper dragged his wife and slammed her to the ground in 2016 while she was talking to construction workers about a sidewalk project. State police responded to the scene when a worker allegedly backed his truck into the driver’s door of her SUV in a parking lot.

Updated on Mar. 21, 2019 at 2:47 p.m.

A West Virginia prosecutor has released a police dashcam video of a 16-year-old boy being beaten by officers during a November traffic stop.

Berkeley County Prosecutor Catie Wilkes Delligatti released the eight-minute video to The Associated Press on Thursday. The teen’s face is redacted in the video, taken from a sheriff’s cruiser.

Authorities originally denied media requests for the video, citing the investigation.

Two state troopers and a sheriff’s deputy were fired in January. Another deputy who was fired recently got his job back.

One trooper was indicted by a federal grand jury Wednesday on one count of deprivation of rights under color of law — language used to describe crimes committed by police officers while on duty.

The indictment accuses Kennedy of using excessive force resulting in bodily injury.

Original Story from Mar. 20, 2019 at 5:39 p.m.

A former West Virginia state trooper who was fired after an investigation into a traffic stop beating was indicted in federal court Wednesday.

A grand jury indicted 29-year-old Michael Kennedy of Morgantown on one count of deprivation of rights under color of law — language used to describe crimes committed by police officers while on duty.

Kennedy and a fellow trooper from Martinsburg were fired in January. State police reviewed dashcam video of the Nov. 19 incident after Gov. Jim Justice ordered an investigation into what he called the beating of a 16-year-old male suspect. Police say the white teen was involved in a crash with a Berkeley County sheriff’s department cruiser before the two troopers pursued him.

The indictment accuses Kennedy, who is black, of using excessive force resulting in bodily injury. It’s not immediately known whether Kennedy has an attorney.

Two sheriff’s deputies also were fired, but a hearing board last week ordered one of them reinstated.

The teen was treated at a hospital and released. State police previously did not provide details of the traffic stop, the teen’s injuries and whether they were related to the arrest or the crashes. The American Civil Liberties Union’s West Virginia chapter had said it would look into whether the teenager’s civil liberties were violated.

Authorities have not released the dashcam video.

Justice had said the incident “cast a dark shadow” on law enforcement.

West Virginia Attorney General Calls for More Troopers

West Virginia’s attorney general is calling for 150 more state troopers and 50 more investigators to help stem the flow of illegal drugs fueling the state’s addiction crisis.

Attorney General Patrick Morrisey says a full overnight shift on the state’s highways is important to a law-enforcement effort that’s gotten “short shrift” on resources.

Morrisey says court settlements from pharmaceutical companies and Medicaid fraud cases could offset the expense.

He’s urging a three-day limit on initial painkiller prescriptions. Several state lawmakers and Gov. Jim Justice are advocating limits.

Morrisey, now running for U.S. Senate, is also calling for a drug investigation unit within the attorney general’s office, requiring doctors to check the state’s drug-monitoring data base with every opioid prescription and legal protections for doctors who decline requests for pain medications.

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