It hit the news yesterday that several Oak Hill, West Virginia police officers had supposedly overdosed after narcotics were thrown at them by a suspect they were attempting to arrest. I was already looking into the science behind these claims when I found out that a client of mine actually witnessed what happened, and began filming with his cell phone.
“Sheriff’s Office: Two officers in Oak Hill overdose after suspect throws drugs at them” was the headline. Here’s the media report:
What were the chances that a client of mine just happened to be driving by when it happened? Compare the footage with the press release and let me know your thoughts on the matter. I have some initial thoughts, but want to look into it some more.
Here’s the statement issued by the sheriff’s department:
A West Virginia Deputy has been indicted by the feds. It just hit the news a few days ago. I figured there must be body cam footage of the incident, so I sent a FOIA request to the employer. I was holding off on discussing the case until I saw the footage. I’ve now received a response, and you’re not going to like it. Here’s what we know right now. Monongalia County Sheriff’s Office Deputy Lance Kuretza has been indicted in federal court for a felony civil rights violation after allegedly punching and pepper spraying a handcuffed suspect, as well as for attempting to cover-it-up by filing a false police report.
The DOJ issued a press release. I went ahead and pulled the unsealed indictment off pacer. Unfortunately it doesn’t contain much in the way of details. I rightfully assumed there must be body cam footage. That has now been confirmed by the U.S. Attorney for the Northern District of West Virginia, who gave a media interview explaining that there was indeed body cam footage of this incident, and that it was key to their decision to indict the defendant officer. He gave some additional details that weren’t in the indictment:
“Once we saw the evidence and interviewed the witnesses we knew this case had to be charged.”
He also noted that the Monongalia County Prosecutor’s Office decided not to pursue state charges.
So, that means the body cam footage must be good – or rather, bad. In fact, he said, “The video really speaks for itself, there’s a lot of it and that’s why body cams are so important…” And if that’s the case, why did the state-level county prosecutor not file charges? That’s a rhetorical question, of course. As you’ll see, the county is now attempting to stop me from sharing this body cam footage with the public. They can give it to the feds, but not the citizens they represent.
As soon as I heard about the initial indictment, and saw the DOJ press release, I sent a FOIA request to the sheriff’s department. As of this morning, they responded, denying my request on the grounds that there’s a federal prosecution taking place. The problem is however, I didn’t FOIA the feds, but rather the county, who has decided not to prosecute. There’s an exception in our state FOIA statute where there’s still an open criminal investigation. But they don’t have one.
What’s happening here is that the county – Monongalia County Sheriff’s Office – is attempting to prevent the public from seeing the video, even though the U.S. Attorney prosecuting the federal indictment just discussed it on the radio. Here’s more of what he said:
Deputy Kuretza and six others responded to a disturbance at the Residence Inn Jan. 20, 2018. An investigation at the scene determined none of the suspects broke laws or would be arrested, but management asked they be escorted from the property.
As the group exited the floor, Kuretza ordered one of the guests to open the door to a nearby room where he found a man sleeping. Kuretza then allegedly began to shake the man and hit his feet to wake him up. When the guest explained he was sleeping, Kuretza threw him off the bed and beat him, investigators said. As the contact escalated, Kuretza restrained the guest as the six other officers were in the room.
“This particular victim had a flashlight in his face and thought it was his friends just messing around with him,” Ihlenfeld said. “It turned out it was a sheriff’s deputy and from there it really got out of control.”
Kuretza battered and used pepper spray on the victim while handcuffed. While the suspect was being taken out of the property Kuretza allegedly continued to use unnecessary force.
“The report that was filed after this did not indicate the pepper spray had been deployed after handcuffs were used, in fact it said pepper spray was deployed before handcuffs were used – which was not consistent with the video evidence we have.”
So I already responded to their denial of my FOIA request and am threatening to sue them for illegally denying my request. The public has a right to see this footage. The sheriff’s department can’t just suppress footage owned by the public. I will get the footage, and now I really want to see it. I pulled the actual indictment and I’ll post it up on the blog if you want to see it. Here’s what it charges:
The indictment contains two counts. The first is deprivation of rights under color of law. This alleges that Lance Kuretza, a Deputy Sheriff with the Monongalia County Sheriff’s Office, while acting under color of law, deprived the victim of his Fourth Amendment rights by engaging in an unreasonable, i.e., excessive, i.e., unnecessary and unjustified, use of force. Specifically, he punched the victim in the face, striking him, spraying him with pepper spray at a time after the victim had been handcuffed. It’s also alleged that he kneed the victim while escorting him. The indictment specifically alleges that this offense included the use of a dangerous weapon and resulted in bodily injury to the victim. Why was that last part alleged? As we’ve discussed before in these glorious cases, where those elements are present, the charge of deprivations under color of law transforms from a misdemeanor to a felony.
Count two alleges that, the following day, on January 21, 2018, Deputy Kuretza knowingly falsified and made a false entry in a record and document with the intent to impede, obstruct, and influence an investigation into his actions. Specifically, it alleges that Kuretza made false entries into a use of force report by falsely stating that he sprayed the victim with pepper spray before the victim was handcuffed, as well as by omitting that he sprayed the victim with pepper spray after the victim was handcuffed, and also omitting that he struck the victim after he was handcuffed.
If convicted, Kuretza faces up to 10 years in prison for the civil rights violation and up to 20 years in prison for falsifying the report.
There’s quite a bit of case law placing police officers on notice that it’s unreasonable excessive force to use tasers and pepper spray on handcuffed arrestees. The Fourth Amendment bars police officers from using excessive force to effectuate a seizure. Courts evaluate a claim of excessive force based on an “objective reasonableness” standard, taking into account “the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight. These are known as the Graham Factors. The Courts also look at the circumstances as of the moment force was deployed, with an eye toward the proportionality of the force in light of all the circumstances.
There’s already binding legal precedent in the Fourth Circuit, which is where West Virginia is located, that pepper spraying suspects in response to minimal, non-violent resistance is a Fourth Amendment violation. SeePark v. Shiflett (4th Circ. 2001). There’s quite a bit of case law denying correctional officers qualified immunity for using pepper spray unnecessarily, for the purpose of causing pain, or for retaliation, as well as for using it excessively.
There’s a big difference between pepper spraying an arrestee who is handcuffed and one who is not handcuffed. There’s also a difference between the use of pepper spray in a jail or prison context, and use against non-incarcerated individuals, where it’s much more likely to be considered excessive force by the Courts. Unfortunately, I can’t show you the body cam footage. But we now have confirmation that it exists. I may have to sue for it. But I’ll get it one way or the other. I’ll post the documents I have so far up on the blog at thecivilrightslawyer.com. I look forward to following this one and seeing what happens.
A federal lawsuit was filed in Atlanta, where body cam footage shows Clayton County Police Officer Gregory Tillman breaking down a woman’s door and slamming her to the ground after she refused to give a chess set back to a man who had moved out. All of this happened in front of the woman’s son.
According to news reports, this involved her friend’s ex-boyfriend, who showed up claiming that he had left some items there, including a remote control and a chess set. He called 911 after she refused to let him inside her home. She believed that the man had previously been arrested on domestic violence related charges involving her friend.
The newly-released boy cam footage shows the officer banging down the door, shouting, and then using force against the homeowner. Her son was home at the time of the attack and is heard on the body cam video pleading with the officer: ‘Hey, sir. My mom got health problems, sir.’ The video shows the officer kicking the homeowner’s legs fro under her, forcing her to fall to the floor, while the officer attempted to handcuff her.
Ultimately the officer was disciplined. The county’s oversight board first voted to terminate Officer Tillman. But then, they changed their mind and voted to give him a three-day suspension, with additional training.
The original incident happened in 2019. However, it just hit the news in the past day or so. So I looked up the pending case on pacer and pulled a couple of the case documents. It looks like qualified immunity was denied to Officer Tillman by the U.S. District Court for the Northern District of Georgia, and now the officer is appealing, begging the Circuit Court for his qualified immunity.
I pulled the Amended Complaint which revealed a few more details. Apparently the guy told 911 that he had been “staying” at the residence. Upon the officer’s arrival, the homeowner told Tillman that the man was no longer welcome in her home, and that his belongings had been removed the day before. An argument between Officer Tillman and the homeowner ensued. She asked for his name and badge number. He refused to tell her. At her request, the homeowner’s son called for a supervisor.
Officer Tillman then is alleged to have informed the guy trying to get inside the home that, he could come and go as he pleased, until properly evicted from the house. The homeowner then announced that she was closing her door until the supervisor arrived. Instead however, without saying a word, Officer Tillman pushed with his shoulder to prevent the door from being closed. She did manage to get it closed.
Suddenly, Officer Tillman used his shoulder to break down the home’s front door out of its frame, forcibly entering the home. He grabbed the homeowner, wrenched both of her arms behind her body, and swept her legs to the ground. He then placed a knee on her back and roughly handcuffed her.
After the supervisor arrived, the handcuffs were removed and the homeowner was treated by EMS. Then she was cited on charges of misdemeanor obstruction and criminal trespass, which were later dismissed.
After the supervisor arrived, he informed the guy trying to get in that he couldn’t get inside without a court order. When the supervisor asked Officer Tillman why he knocked down the door, Tillman responded, “because we had the charge of criminal trespass” and because “he feared for his safety” because he “didn’t know what was behind the door.”
An internal investigation by the agency found that Officer Tillman lacked probable cause to arrest or charge the homeowner, and that she was within her right to refuse entry to both the officer and the guy looking for his remote control and chess set.
As we’ve discussed many times before, law enforcement entries into our castles are presumptively unconstitutional. The only two exceptions are valid consent and exigent circumstances. He clearly didn’t have consent. Nor was there any exigent circumstances, as the Court pointed out in the order denying the officer qualified immunity, which I’ll post up at the blog post on this. So there’s a clear-cut Fourth Amendment violation for the entry. Then you can add another one for the arrest inside the home – both because it lacked probable cause and because it occurred in the absence of an arrest warrant. Even with probable cause, an officer still must have an arrest warrant to arrest someone inside their home.
Was there also an excessive force violation? As the Court pointed out in its order, Officer Tillman’s claim that the homeowner posed a threat to him is “unpersuasive.” Frankly, this is a pretty easy one, too. He busted down her door and attacked her. She just wanted to be left alone. He had no probable cause to believe that she had committed any crime. While there’s always a possibility that any homeowner could be armed behind their front door, that’s ever the more reason to not burglarize their homes.
The U.S. DOJ announced in a press release today that police officers involved in the Kentucky shooting death of Breonna Taylor have been charged with federal felony civil rights violations. A federal grand jury in Louisville, Kentucky, returned two indictments that were unsealed today, and the Department of Justice filed a third charging document today, in connection with an investigation into the circumstances surrounding the death of Breonna Taylor, a 26-year-old woman who was shot and killed in her Louisville home on March 13, 2020, by police officers executing a search warrant.
“The Justice Department has charged four current and former Louisville Metro Police Department officers with federal crimes related to Breonna Taylor’s death,” said Attorney General Merrick B. Garland. “Among other things, the federal charges announced today allege that members of LMPD’s Place-Based Investigations Unit falsified the affidavit used to obtain the search warrant of Ms. Taylor’s home, that this act violated federal civil rights laws, and that those violations resulted in Ms. Taylor’s death.
“On March 13, 2020, Breonna Taylor should have awakened in her home as usual, but tragically she did not,” said Assistant Attorney General Kristen Clarke. “Since the founding of our nation, the Bill of Rights to the United States Constitution has guaranteed that all people have a right to be secure in their homes, free from false warrants, unreasonable searches and the use of unjustifiable and excessive force by the police.
The first indictment charges former Louisville Metro Police Department (LMPD) Detective Joshua Jaynes, 40, and current LMPD Sergeant Kyle Meany, 35, with federal civil rights and obstruction offenses for their roles in preparing and approving a false search warrant affidavit that resulted in Taylor’s death. The second indictment charges former LMPD Detective Brett Hankison, 46, with civil rights offenses for firing his service weapon into Taylor’s apartment through a covered window and covered glass door. The third charging document — an information filed by the Department of Justice — charges LMPD Detective Kelly Goodlett with conspiring with Jaynes to falsify the search warrant for Taylor’s home and to cover up their actions afterward.
The first indictment — charging Jaynes and Meany in connection with the allegedly false warrant — contains four counts. Count One charges that Jaynes and Meany, while acting in their official capacities as officers, willfully deprived Taylor of her constitutional rights by drafting and approving a false affidavit to obtain a search warrant for Taylor’s home. The indictment alleges that Jaynes and Meany knew that the affidavit contained false and misleading statements, omitted material facts, relied on stale information, and was not supported by probable cause. The indictment also alleges that Jaynes and Meany knew that the execution of the search warrant would be carried out by armed LMPD officers, and could create a dangerous situation both for those officers and for anyone who happened to be in Taylor’s home. According to the charges, the officers tasked with executing the warrant were not involved in drafting the warrant affidavit and were not aware that it was false. This count alleges that the offense resulted in Taylor’s death.
Count Two charges Jaynes with conspiracy, for agreeing with another detective to cover up the false warrant affidavit after Taylor’s death by drafting a false investigative letter and making false statements to criminal investigators. Count Three charges Jaynes with falsifying a report with the intent to impede a criminal investigation into Taylor’s death. Count Four charges Meany with making a false statement to federal investigators.
The second indictment —against Hankison — includes two civil rights charges alleging that Hankison willfully used unconstitutionally excessive force, while acting in his official capacity as an officer, when he fired his service weapon into Taylor’s apartment through a covered window and covered glass door. Count One charges him with depriving Taylor and a person staying with Taylor in her apartment of their constitutional rights by firing shots through a bedroom window that was covered with blinds and a blackout curtain. Count Two charges Hankison with depriving three of Taylor’s neighbors of their constitutional rights by firing shots through a sliding glass door that was covered with blinds and a curtain; the indictment alleges that several of Hankison’s bullets traveled through the wall of Taylor’s home and into the apartment unit occupied by her neighbors. Both counts allege that Hankison used a dangerous weapon, and that his conduct involved an attempt to kill.
The information charging Goodlett with conspiracy contains one count. It charges Goodlett with conspiring with Jaynes to falsify the warrant affidavit for Taylor’s home, and file a false report to cover up the false affidavit.
All of the civil rights charges involve alleged violations of Title 18, United States Code, Section 242, which makes it a crime for an official acting under color of law — meaning an official who is using or abusing authority given to that person by the government — to willfully violate a person’s constitutional rights. A violation of this statute carries a statutory maximum sentence of life imprisonment where the violation results in death or involves an attempt to kill. The obstruction counts charged in the indictments carry a statutory maximum sentence of 20 years; and the conspiracy counts carry a statutory maximum sentence of five years, as does the false-statements charge.
The charges announced today are separate from the Justice Department’s Civil Rights Division’s pattern or practice investigation into Louisville Metro Government and the Louisville Metro Police Department, which Attorney General Garland announced on April 26, 2021. The charges announced today are criminal against individual officers, while the ongoing pattern or practice investigation is a civil investigation that is examining allegations of systemic violations of the Constitution and federal law by LMPD and Louisville Metro. The civil pattern or practice investigation is being handled independently from the criminal case by a different team of career staff.
Just released, body cam footage shows Gastonia, North Carolina police arresting a homeless veteran, suspected of panhandling in a median, and tasing his dog, named Sunshine. Unfortunately, Sunshine didn’t make it. This is brand new footage, ordered released by a judge, against the will of Gastonia law enforcement, who fought the release of the footage, supposedly to guarantee the homeless vet, Joshua Rohrer, a “fair trial.” Yeah, right. If law enforcement doesn’t want you to see it, then you probably need to see it.
Here’s the raw footage:
In the applicable jurisdiction – the Fourth Circuit – these cases seem to come out of North Carolina. There is a very recent published opinion out of the Fourth Circuit – Ray v. Roane – which deprived police officers of qualified immunity in a civil lawsuit for shooting someone’s dog. Here’s a video I just did a few weeks back in June on another similar video:
As an initial matter, it is well-settled that privately owned dogs are “effects” under the Fourth Amendment, and that the shooting and killing of such a dog constitutes a “seizure.” So it’s a different legal standard that standard police shooting cases. It’s an overall reasonableness standard, recognizing that police can shoot dogs where officer safety justifies the decision.
The question is whether, at the time the officer shot the dog, he held a reasonable belief that the dog posed a threat to himself or others. If the facts are sufficient to show that such a belief was unreasonable, then the law is clearly established in the Fourth Circuit that shooting a dog under those circumstances would constitute an unreasonable seizure of Mr. Rohrer’s property under the Fourth Amendment. That’s not a great way of looking at the value of our dogs, but that’s the actual legal analysis.
Here, the tasing officer, Maurice Taylor, claims that the dog “bit his boot.” Although I snipped the footage for Youtube reasons, you can click the link and watch the entire raw footage on Mr. Rohrer’s channel. You can see that the tasering took place well after the dog allegedly bit the boot. Immediately after the officer claims the dog bit the boot, you can see the dog wagging its tail. I have my doubts. Perhaps what really happened is the dog came up to him, wagging his tail, and Officer Friendly kicked her in the face. They don’t call them “jack booted thugs” for nothing.
That reminds me of the officer from yesterday’s video, where the guy he beat up actually attacked his fists. At the point where the taser is deployed, the arguable officer safety concern actually involves his partner. You can see the dog on video at this point, and the dog clearly doesn’t make any move to attack the partner.
All-in-all, the response to this itself speaks of the lack of reasonableness of the decision under the circumstances. And how many cops were present towards the end of the footage. Fifteen? Twenty? Who is paying these people, and where are they now?
There’s a jury trial in Euclid, Ohio this week where Euclid police officer, Michael Amiott is being prosecuted for a use of force incident following the 2017 traffic stop of Richard Hubbard. Amiott is charged with two counts of assault and one count of interfering with civil rights. Cell phone video showed the officer repeatedly punching Richard Hubbard after he was pulled over for an unspecified moving violation.
Hubbard was accused of resisting arrest after allegedly refusing Amiott’s orders, and the ensuing struggle resulted in Hubbard being hit multiple times while on the ground. The criminal charges against Hubbard were later dropped, and while he suffered no permanent injuries, the city later agreed to a $450,000 settlement with both him and the owner of the car he was driving.
Following a 45-day suspension, Euclid Mayor Kirsten Holzheimer Gail fired Amiott from the police force, but an independent arbitrator reinstated him a year later. Nevertheless, Amiott was arrested and charged in Euclid Municipal Court in August of 2019 following further investigation, and his trial was subsequently delayed two years by COVID-19.
The entire trial has been live streamed on Youtube by WKYC and some of the testimony has been interesting. This is what we’re dealing with by the way, in the mission to obtain some accountability where citizens are violently victimized by the government.
Also, this isn’t his only excessive force incident:
A dozen or so people sent me this media story over the weekend involving a West Virginia judge who has been accused of pulling a gun in his courtroom, mocking the “man purse” of a Texas lawyer’s ex-CIA private security contractor, and otherwise treating her abusively and unfairly. It was first published in the Daily Beast, and also was published in the WV Record on Friday. Now it’s even made the Daily Mail. This involves West Virginia state court Circuit Court Judge David Hummel, in the small town of New Martinsville, in Wetzel County, West Virginia, who presided over a trial regarding gas royalty payments to landowners back in March, being tried by a Texas corporate attorney, Lauren Varnado. She is apparently the source of the allegations. Despite this going viral in the national news, I’m going to point out something to you that I think they may have overlooked. More on that in a minute.
(ETA: For some reason the Youtube version of the video cut-off the end of the video. Here’s the Facebook version, which has my full video: https://fb.watch/emqkmtitvS/ )
Varnado describes a hostile relationship with the judge after asking him to recuse himself based on a conflict of interest involving the judge’s parents receiving gas royalty payments. She also described a hostile relationship with the local community, requiring professional security. I’m pretty sure this has happened before in West Virginia. Angry locals, armed corporate security, and good ‘ole boy judges. Varnado ended up going to the FBI. And apparently, the Daily Beast. I don’t live in this region in West Virginia, so this is the first I’m hearing of the underlying conflict, or these allegations. I don’t believe I’ve ever heard of this judge, and I’m certain that I’ve never appeared before him.
In any event, the Daily Beast reported that Judge Hummel “whipped out his handgun, waved it in the air and left it on the bench with the barrel pointing directly at corporate lawyers who had irritated him.” This is supposed to have occurred on a Saturday, out of the presence of the jury.
At first, Hummel told the Daily Beast that never happened. Then, he told the reporter he kept the gun, a Colt .45, in a secret drawer in his bench. Then, he said he was wearing a holstered gun under his robe during the trial the previous week. But he said it was a long, classic-looking revolver from the Wild West days called a Colt Peacemaker. Then, Hummel told the reporter he did show Varnado a first aid kit.
“But it was casual,” Hummel told the Daily Beast reporter. “I did show her a foiled packet and said this is blood coagulant. We have preparations for active shooter situations.”
The firearm incident from the Saturday hearing occurred after the Texas defense team attempted to remove Judge Hummel from the case over an alleged conflict of interest. According to the Daily Beast article:
[T]he gas company’s lawyers accused the judge of never disclosing that his parents get gas company royalties that may someday pass on to him—sparking questions about a glaring conflict of interest. When the gas company’s lawyers sought to disqualify him, court transcripts show he grew increasingly aggravated at Varnado and her team.
At an April 2021 court hearing in which he was asked about his family’s gas interests, the transcript shows how the judge patronized EQT’s lawyers as he detailed his family tree and dismissed their concerns, ranting about how his cousin “Christy” got mad at him for not recognizing her at a wedding. When the attempt to have higher state courts disqualify him failed, Hummel started the next court hearing in similar fashion.
Varnado claims that the firearm was a constant part of the litigation. I’m not opposed to that in theory. But here’s what she said, specifically:
“The first time I saw Judge Hummel with a firearm was at the Huey pretrial conference at the Wetzel County Courthouse on March 1, 2022,” she said in an affidavit. “At the pretrial conference, Judge Hummel wore a black handgun in a holster on his hip with his judicial robe unzipped.”
During the trial, she said Hummel would walk around the courtroom with his robe unzipped and the firearm visible.
“I asked Judge Hummel during a break in trial about his firearm,” Varnado said in the affidavit. “Judge Hummel confirmed that the gun was a Colt .45 handgun. He wore the gun in a holster without exception throughout the trial.”
Why were guns even being discussed in the first place? Apparently the gas royalty trial involved perceived safety threats to the Texas legal team, who says that they hired ex-CIA officers as professional security. However, the judge didn’t allow the security team into the courtroom. Instead, Judge Hummel is alleged to have stood up, opened his robe, pulled his gun out of the holster on his hep and held it in his right hand, stating “I promise you, I’ll take care of them.” It sounds like the Judge called one of the ex-CIA guys, who was wearing a “man purse,” which he called, “such a sissy-ass contraption.” Judge Hummel then said, “Aren’t me and my guns and security enough?” and said, “My guns are bigger than your security’s guns,” pointing the barrel of his pistol towards the Texas attorneys.
Varnado signed an affidavit stating that, “Judge Hummel then set his gun down on the judicial bench and deliberately rotate the firearm (as it laid on the bench) until the barrel of the gun was pointing directly at me.” She alleges that the handgun remained on the bench, pointed at her, for the duration of the hearing. And then some:
The gun stayed there for the rest of the hearing. When the attorneys were directed to negotiate in a private room, they found the handgun still waiting for them when they returned. When lawyers had to approach the judge, the resting gun remained pointed at their faces.
One thing about this. In the Daily Mail article, they showed a photo of the inside of this particular courtroom. Here it is is. One thing that caught my attention was that it doesn’t necessarily appear that lawyers in the room would be able to see a gun, or the direction in which it was pointing, if it was sitting on the bench directly in front of the judge. Here’s the photo:
Maybe Varnado was referring to a different table, or perhaps the photo is either the wrong courtroom, or misleading as to the angles involved. It’s also possible that they only saw it when they walked into, or out of, the negotiation room. But in any event, she went to the FBI following the hearing.
Varnado says she contacted the FBI’s Pittsburgh office immediately following the hearing. After that phone call, she made a written report to the FBI via email. The next day, she says she had a second phone call with the FBI. On March 16, she met with the FBI in Pittsburgh.
She says she didn’t report the incident to the state Judicial Investigation Commission or any law enforcement in West Virginia because “we were – and still are – afraid.”
Varnado further alleges that the firearms discussion was not included in the certified transcript of the hearing – that she saw Judge Hummel gesturing to the court reported to go on or off the record, whenever he wanted to keep things out of the transcript. This included any discussion of Varnado’s ex-CIA security detail.
“The whole trial was insane,” she told The Record. “Why does a judge need to exert more power over us than he already can? Why would he need a gun in his courtroom?
“He took the Huey case extremely personally for some reason. I still don’t understand why. There was nothing super controversial about it, but he took it very personally.
“And yes, I am from out of state. I know what that means. I don’t really care if he likes me. I just tried to do the best job I could do that I was hired to do. But a courtroom, for a trial attorney, that is your workplace.
“My heart just breaks for the people who have to endure that every day. They don’t have a choice. They’re the real victims. It isn’t about me. If it’s happening to me, way worse things are happening to people who are pro se or indigent.”
The Daily Beast article noted that Judge Hummel is now under investigation, and that some of the judge’s own staff are corroborating the allegation that the judge displayed a gun:
That judge is now under investigation by the state’s judiciary for violating the profession’s code of conduct, according to three witnesses now sharing information with law enforcement and official communications about the investigation reviewed by The Daily Beast. The judge’s own staff has since told an investigator that the judge did, in fact, display his gun openly during an attorneys-only hearing and boasted about having it in his possession, according to two of those witnesses.
The Daily Beast also reported that, although Judge Hummel said there’s no recording of the incident, that a state investigator has acquired a videotape of the interaction. Does this refer to surveillance footage? Was one of the Texas lawyers surreptitiously videoing what was happening? We’ll find out at some point, if the state judicial disciplinary authorities end up charging or publicly admonishing Judge Hummel.
I don’t know what the truth is here. But I do know that one of the reasons I only litigate civil rights violations in federal court, in West Virginia, is because in the state courts you can sometimes deal with what I call the “welcome stranger tax,” which is a good ‘ole boy type biased judge, who treats you unfairly. I personally experienced this in another faraway county in West Virginia, where the local judge refused to let my client out of jail on a Friday, until I drove back to my office 3 hours away, to prepare the order to release him. I asked to use the judge’s computer to prepare a quick order, and he said no, stating that my client should have hired a local attorney, instead of someone from out of town.
I don’t know if that’s the case here, or if this is being blown out of proportion. What I do know is that the judicial investigators have the capability of getting at the truth. They get to take a sworn statement of the judge regarding the allegations. I presume they’ve already done that. They get to subpoena witnesses. And it sounds like they’ve already obtained some statements, as well as some sort of video footage. I should be able to obtain the investigation report at some point with a public records request.
My conclusion here is that I don’t have one yet. I’m not opposed to a judge carrying, or discussing, or even presenting, firearms in a courtroom. But it’s all in the context. Nobody should ever point firearms at anyone – especially not in the context alleged here. Given everything I’ve learned about judges the past couple of years, I wouldn’t take anything off the table, but let’s wait and see what the investigation concludes before jumping the gun.
What you see here is Bluefield West Virginia off duty police officer, James Mullins, on October 24, 2021 physically attacking multiple individuals, including a local business owner, his girlfriend, and multiple coworker police officers. He had just been involved in a shootout with multiple people in this parking lot. There are bullet holes in his car and shell casings laying around on the ground. At the end of the day, nobody was charged for the parking lot shootout, including the off duty officer. In fact, despite all the crimes you are about to see committed, only one misdemeanor charge of domestic violence resulted, for the video taped violent push of the officer’s girlfriend. And today, that charge was supposed to go to trial. Instead it was dismissed without prejudice. My original video on this was pretty long, but take a look at these few snippets, and let me know if you think the off duty officer appears to you to have committed any crimes.
For some reason, the special prosecutor assigned to the case, and the West Virginia state trooper assigned to investigate it, only saw fit to charge one count of domestic violence. Nothing for the shootout; nothing for physically assaulting the bar owner; nothing for physically assaulting the multiple police officers.
Today that case was scheduled to go to trial. A conviction for domestic battery would have prevented the off duty officer from ever possessing a firearm again legally, and therefore preventing him from ever being employed as a police officer again in the future. But that didn’t happen. The charges have been dropped and he has been released from bond. He’s currently perfectly capable of now possessing a firearm and also to work as a police officer. Unbelievably, as far as I know he’s still certified to be a police officer through West Virginia’s LEPS subcommittee on law enforcement certification. When I previously asked them if they were going to take steps to investigate or decertify Officer Mullins, they responded that he was being prosecuted criminally, so no they weren’t. Oops. Government fails us once again.
The reason given to the news media regarding the dismissal was that the victim was allegedly “uncooperative.” Okay, that’s common in domestic violence prosecutions. But why is that dispositive here, where the crime was caught on video? Do you even need the victim to testify? What if she doesn’t show up? Who cares. What is she going to show up and say, “nothing happened?” It’s on video. Is justice achieved if violent domestic abusers can persuade their victims to not cooperate? No, of course not.
Now, to be fair, the dismissal documents did note on them that the charge was being dismissed without prejudice, meaning that they can be refiled at a later date, and also noting that “related” charges are going before a grand jury. So, it’s possible that more charges are coming, including possible felony charges, which require grand jury indictment. However, the expected date for the grand jury decision is October. West Virginia has a one year statute of limitations for misdemeanor crimes. So if they wait until after October 24, 2023, he’s in the clear and cannot be prosecuted for this, or any other misdemeanor arising from this incident. That does not prevent indictment for felony charges, which do not have a statute of limitations in West Virginia.
Also, I know from past experience that the favorite way of prosecutors generally to coverup acts of police misconduct, especially shootings, is to present it to a secret grand jury where they return a “no true bill,” or a decision not to indict. This would clear the officer, and make it look like it wasn’t the decision of the prosecutor. In reality, we know that prosecutors are known to be able to indict ham sandwiches, controlling the flow of evidence and law to the grand jurors.
Make sure you subscribe to follow along to see what ends up happening. It would be a travesty of justice, as well as a clear and present danger to the public, to allow this to fade away at this point. The public and politicians should look into West Virginia’s LEPS subcommittee on law enforcement certifications and find out why they haven’t decertified this police officer.
Original full video:
Also, let’s not forget about the fact that he appears to have been drinking from an open container in his car before and during this incident:
You may remember the West Virginia Circuit Court Judge who was pulled over in a traffic stop by the Moorefield Police Department, resulting in the dash cam footage going viral on various Youtube channels, including my own, which is where it was first released to the public. Judge Carter Williams ended up being formally charged with judicial disciplinary charges. While those charges were pending, Judge Williams got in trouble again due to allegations he left Walmart with merchandise, but without paying. More judicial disciplinary charges were tacked on…. Well, his judicial disciplinary bench trial just ended, following three days of testimony before West Virginia’s Judicial Hearing Board, which is sort of an ethics court comprised of judges and a few appointed citizens.
The bench trial was open to the public and was held in Berkeley County, West Virginia, which is up in the northern panhandle, up near D.C. However, I was unable to view the proceedings because I was actually subpoenaed as a witness, since some of the relevant testimony pertained to the public’s reaction to the judicial misconduct, which is represented in the 2,500 plus comments to the footage on Youtube, first released by me. If you recall, I first obtained the footage via a FOIA request and publicly released it. I ended up not being called though, for whatever reason. The trial ended today, as reported by WV Metronews. The same reporter did watch the proceedings, and in three separate news reports provided some witness testimony quotes. Here’s what we know.
Another Circuit Court Judge in the same judicial circuit testified:
Judge Charles Carl, serving as a witness instead of in his usual role, testified that he was surprised by what he saw in a video of his colleague, Judge Carter Williams, at a traffic stop. “Well, first off, I would say it was out of character for how I know him,” Carl said during a hearing of the Judicial Hearing Board in Martinsburg. “Angry. Agitated. That’s not how I perceive him. That’s not how he acts in court. I just thought he had a bad day.”
Moorefield’s former police chief, Steve Reckhart took a call from Judge Williams at home the night of the traffic stop. “He was upset, agitated, and began to tell me about events that had just occurred,” Reckhart testified today. “He was upset with one of the officers, Officer Johnson, because he stopped him for a cell phone violation and went on to elaborate about the cell phone and how it happened to be there. Then he began to tell me about the frustrations with the Moorefield Police Department.” Reckhart also recalled “the fact that he was expressing his displeasure in some of the criminal cases that were being brought to his court and advised that he had some leeway in some of those cases but that he might look at them tighter in the future.”
Moorefield Mayor Carol Zuber testified that Judge Williams went to her home about 10 p.m. the night of the traffic stop. “He was upset,” Zuber recalled. “He said, ‘You know I really hate to do this to you, but you’ll have to do something with the police officers’ and then proceeded to tell me that he was pulled over because they accused him of holding his cell phone, talking on his cell phone.”She continued, “He made the indication that all of my officers, that I needed to straighten them up. He said they were a bunch of young men, that they were kids.”
A retired judge from the same judicial circuit testified:
Former Circuit Judge Donald Cookman, who served on the same circuit where Williams and Carl preside, earlier in his career was chairman of the Judicial Investigation Commission. As the allegations about how Williams had behaved swirled through the community, local officials had turned to Cookman for advice. Cookman testified today that what he saw on the video created an impression. “I was shocked. I was shocked. I’d known Judge Williams for a number of years, actually knew him as an attorney,” Cookman said. “He’s always very respectful, and I was surprised and shocked.” Cookman testified, “I was concerned that it might be a violation of judicial ethics.”
And last, but not least, Judge Williams himself took the stand yesterday in his own defense:
“Yesterday, for the first time, out in the hallway during a break, I got to talk to the young man that I was so rude to,” Williams testified today. “For the first time, I got to say I’m sorry. I shook his hand and I said, ‘I’m sorry for this. I’m sorry for all this upset.’” . . . . Williams today acknowledged flying off the handle but denied trying to leverage the authority and prestige of his office. “From Day 1, I said that my conduct on July 11 last year was unbecoming of a judge. I said it was disrespectful and rude,” he testified. He later added, “I made a federal case out of it. Just silly. Made a federal case out of it. I’ve regretted it since and tried to make right on it since.” . . . .
Williams today described the mindset that led him to use that phrasing and make those accusations. “I was in fired up mode,” he said. “For whatever reason on that day, I was gonna defend myself, advocate for myself like Custer on his hill, die there. That’s what it felt like. And that was the mode I was in.” The judge testified that he never said he would change the rulings in his courtroom based on the views he had expressed. “I never said I was going to change my rulings. Wouldn’t have done that, would never do that,” he said.
The judge testified that the past year of allegations has altered his reputation in the community and hurt his family. “So yes, my conduct is what it is. It’ll have to be up to someone else,” he said, referring to the hearing board. “But regardless of that and far beyond that, I’ve had to withstand this and be called a racist in this culture and a thief. That’s just about as bad as you can be called. And I am none of those. I’ve never been. I’m a lot of things. I’m not those. “My actions opened the door for me to be called publicly what I’m not. So my actions did that, yes.”
Now, the Judicial Hearing Board will issue a written recommendation to be forwarded to the West Virginia Supreme Court, which contains the Board’s determination about whether judicial ethics violations were proven by a standard of clear and convincing evidence, and if so, ultimately advising as to the Board’s recommended disciplinary sanctions, which ranges from admonishment to a fine to suspension to loss of his law license.
The State Supreme Court is free to adopt those recommendations, or to completely ignore them. However, in my experience, I believe it’s highly likely that the Supreme Court will defer to whatever findings of fact were contained in the written recommendation. If there’s a dispute regarding the underlying law, the Supreme Court is more likely to stray from the recommendation. In the case of Judge Williams, I’m not aware of there being much of a dispute of law – just disagreement about the level of culpability and appropriate punishment.
On October 24, 2021, off-duty Bluefield, West Virginia police officer James Mullins arrived at Greg’s Sports Bar, in Bluefield, WV, to confront his girlfriend, who was a patron at the bar. Minutes later he pulled his firearm and a gunfight ensued with two men outside the bar. Just minutes after the shooting, Officer Mullins returned, along with uniformed coworkers of the Bluefield Police Department, and ended up violently attacking his girlfriend, also repeatedly physically assaulting the bar owner, all caught on both cell phone and body-cam video.
Did the coworkers stop his rampage, or did they allow him to repeatedly assault innocent victims? Did he get charged for assaulting the bar owner? Did he, or anyone get charged for the gunfight? The answer lies in the video footage, as seen from multiple angles and cameras. Revealed in this footage, released now for the first time exclusively here, you can watch an apparent coverup occur in real time, in one of the most bizarre police body-cam incidents I’ve ever seen.
During the ordeal, you can hear Greg, the bar owner, upset because he knows that the Bluefield police will try to blame him for their own officer’s rampage, and coverup the officer’s criminal misconduct. Days later, Greg’s alcohol license was indeed suspended by the WV ABC following a report by the Bluefield Police Department, which appears to have said absolutely nothing about the fact that it was their own employee causing havoc at Greg’s bar that night. Instead, Greg got the blame. This is Part 1. There will be a Part 2. Perhaps 3.