Charges Dropped in the Mount Hope PD Traffic Stop Case

This week, following public release of the footage showing the arrest of Brian Beckett by Officer Aaron Shrewsbury, of the Mount Hope WV Police Department, the prosecutor on the case filed a motion requesting dismissal of all of the charges, which was granted by the Court. The pending charges of obstruction, disorderly conduct, speeding, and reckless driving were all dismissed and Mr. Beckett was released from bond.

The prosecutor noted in his motion that, “A review of the evidence does not support prosecution of the case.”

This is great news. Many thanks to Mr. Beckett’s criminal defense attorney on the case, Jody Wooten, for a successful conclusion. This doesn’t automatically create civil liability in a federal civil rights lawsuit, but it does foreclose the defense from using the criminal charges, or any criminal conviction, against us in a civil lawsuit. It was also the right thing to do. Our investigation continues in the meantime, both in regards to this incident, as well as into the Nathan Nelson case, where my client had his jaw fractured in two places by the same police officer. Many questions still remain, and information received is still being examined and sorted out.

One of the interesting things I’ve learned is that the police department in this tiny West Virginia town apparently takes up around 50% of the town’s budget. I’ve received lots of tips from credible sources about multiple allegations of corruption surrounding this. So I’ll be taking a deep dive into these issues.

Here’s the dismissal motion and ensuing orders from the Court:

New Bluefield Police Department Footage Shows Arrest of Hiram Tolliver

For some unknown reason, following police vehicle pursuits, the suspects rarely make it to jail without suffering violent injuries. They always tend to resist, or get accidentally injured in some way. I’m about to show you brand new footage showing my client, Hiram Tolliver being taken into custody by the Bluefield, West Virginia Police, after leading them on a brief chase. It’s not all that clear why he was fleeing, or why they were chasing him. Other than an allegations of hearing screeching tires, he wasn’t suspected of committing any prior crime. On May 5, 2022, Bluefield Police Department Officer D.R. Barker was assisting the city manager at an intersection in Bluefield, West Virginia. He claims that he heard a vehicle traveling at a high rate of speed. He claims that he heard the screeching of tires “where the vehicle was taking turns too fast.” Once the vehicle came into view he pulled in behind it and tried to stop it, but the driver fled.

According to the police reports, the pursuit began at 9:29 p.m. Body cam footage shows that the pursuit ended at around 9:36 p.m. – so roughly 5 or 6 minutes – at which time the driver, Hiram Tolliver, was violently taken into custody on the dead end street in front of his parents home. By around 9:48 p.m., Mr. Tolliver would end up falling off the roof of the local fire department building. That’s right, this story doesn’t end with the arrest itself. 

See the footage for yourself:

Does what we saw on the video line up with the police reports? Officer Barker wrote the following:

The vehicle then came to a stop at the dead end. The driver was then ordered out of the vehicle and to get on the ground. The driver went to the ground. When he was ordered to give us his hands, he resisted arrest. Detective K.L. Ross could not bring his hands together to effect the arrest. Defensive tactics were used to apprehend the suspect in order to effect the arrest. I was finally able to cuff the driver of the fleeing vehicle.

Patrolman Barker’s report.

Officer Barker mentioned in his report that he sustained an injury to his right hand. In fact, we can see that injury in his body cam footage. Gee, I wonder what could have inflicted such a brutal injury?

Unfortunately, similar to the missing body cam footage, we have no report from the first officer to make physical contact with Hiram, Detective Ross.

Justifiable force must be reasonable in light of the circumstances. Courts don’t generally second-guess an officer making split second decisions with 20/20 hindsight in a struggle with someone physically resisting or fighting with them. But if the facts show the arrestee has submitted to them, not resisting, and that force is applied unnecessarily, as a punishment or retaliation, rather than in an attempt to gain control or custody of the person, that is always going to be unreasonable. 

Officer Barker didn’t elaborate on what he meant by “defensive tactics” being used on Hiram. There were multiple eyewitness we may hear from later, but what does the video show? Injuries are important evidence in use of force cases, as they can help establish the level of force, and type of force, used. There were several glimpses of Hiram’s face following his arrest. You saw how one side of his face appeared to be bloodied, and the other didn’t. This matches up with subsequent photos from the hospital. You also saw how Detective Ross took Hiram from the first police cruiser all the way back to the last police cruiser, with Hiram limping, in obvious pain. Instead of providing, or making available, medical treatment for his arrestee, Detective Ross instead lectures Hiram, essentially telling him to suffer because of what he had done, endangering police officers during the pursuit. 

Compare the screenshot from the video with the hospital photo. Clearly the facial damage was caused during the initial arrest, not the drop from the roof:

Photo showing the facial injuries in the hospital, which appear to match the injuries seen in the initial arrest footage.

Given everything that just happened, as well as the officers’ allegations that Hiram had almost killed several police officers and resisted arrest, to the extent of requiring “defensive tactics,” they wouldn’t un-handcuff him to walk him into the police department for processing would they? Apparently they did, and according to them, Hiram made a run for it just as they were entering the police department door. He jumped over a guardrail, and onto the roof of the fire department, running across the roof and jumping off the roof onto the asphalt 16 feet below. Here’s the only police report to document the roof incident:

Patrolman Hamm’s report.

The officer who was present for the fire department jump wrote in his report that the first thing he did when he reached Hiram, injured on the asphalt, was handcuff him. Indeed, those handcuffs can be seen in the body cam footage, despite what appears to be a compound fracture of his arm and wrist. There didn’t appear to be much concern by the Bluefield Police Department about the constitutional responsibilities and obligations placed on the government after taking a citizen into custody. Government officials have a duty to provide medical treatment. They have a duty to ensure the safety of their arrestees. 

Hiram was airlifted to Charleston Area Medical Center and underwent extensive surgery, treatment and rehabilitation. Why would Hiram have tried to get away? Perhaps he was scared. You could hear that during his arrest, when it sounded like he was being struck by the officers, he was crying out to his parents, who were eyewitnesses, that he was in fear for his life. If he was really trying to flee, why would he pull onto his parents’ dead end street and stop in front of his parents’ home. Perhaps he was scared that the police were going to hurt him? Perhaps he thought there would be safety in witnesses. It’s not all that far-fetched that the fire department roof jump resulted because Hiram thought he would be killed inside the police department and ran for his life? 

There were indeed multiple eyewitnesses. In the video, you can hear one of the officers threatening them to get back in their home, and to stop watching the use of force being inflicted on Hiram. I’ll continue investigating and will have more on this later, so subscribe to the email updates to follow along.

Charges Dropped Today Against This Perfectly Stable and Trustworthy Off-Duty Police Officer

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:

Mount Hope WV Officer Part 2 – Breaks a Kid’s Jaw and Abandons Him in Someone Else’s Cruiser

You may have seen the video posted last week about Mount Hope, WV, police department officer Aaron Shrewsbury. Since the video was posted, I’ve received a lot of information from the public, including from other police officers. That’s always an indication, in my experience and opinion, that there’s a real problem there. I was told today by credible sources that Officer Shrewsbury has now been suspended with pay. I have not received verification of this as of yet, however. As you will see below, his supervisor / Chief of Police, had already signed off on the use of force I’m about to discuss, so hopefully he’s not in charge of the internal investigation…. In the video about what happened to Mr. Beckett, I mentioned that kid from Ohio who had his own encounter with Officer Shrewsbury last year. Let me tell you more. 

On August 15, 2021, several police agencies responded to a 911 call from Ace Adventures Complex, a vacation and white water rafting facility located in Minden, Fayette County, West Virginia. There was a verbal altercation that took place at the complex. 20 year old Nathan Nelson, from Ohio, had been visiting his sister, who worked at Ace Adventures Complex. At some point they became involved in some sort of altercation or argument involving multiple other individuals.

Several police agencies arrived, including Officer Shrewsbury from the Mount Hope Police Department. Marijuana was found in the car belonging to Nathan and his sister. Officer Shrewsbury arrested Nathan and placed him in handcuffs. 

According to Shrewsbury’s subsequent police report, he handcuffed Nathan and escorted him to a police cruiser. While standing beside the cruiser, nathan allegedly became angry and asked, “why he was fu&cking being arrested.” Shrewsbury then asked him to stop swearing, and then advised him he was being arrested for disorderly conduct and possession of a controlled substance. Nathan responded, “this was fucking bullshit,” to which Shrewsbury responded, “yeah it is,” and that, “I wasn’t knowledgeable about how things were done in Ohio where he was from, but in West Virginia, possessing marijuana and other illegal and dangerous drugs, using profanity in public and fighting in the streets definitely are all illegal here.” 

Shrewsbury then wrote in his report that, “I turned away from the male subject briefly to get an Oak Hill officers’ attention to unlock the police vehicle, so I could place the male subject safely inside of it,” but that “As I turned back to the male subject, he turned his head toward me and pursed his lips while making a noise as if he were clearing his throat of flem and filling his mouth with it and sputum. He then moved his head towards me in a motion that made me believe that he was going to spit on me. Observing this, I then rapidly used a straight arm with an open palm to divert the male subject’s head away from me, making physical contact with the left side of his head and facial area. The maneuver was abrupt, but did not cause him to fall to the ground.

By all means, review the pertinent portions of Officer Shrewsbury’s report for yourself:

After the strike to Nathan’s face, Shrewsbury then placed Nathan, still handcuffed, in the rear of the Oak Hill police cruiser, essentially abandoning him there for the Oak Hill officers to find.

Ultimately, Nathan was only charged with misdemeanor possession of marijuana. Nathan maintains that he wasn’t resisting Shrewsbury in any way. And contrary to what Officer Shrewsbury wrote in his police report, Nathan maintains that it went down a little differently. Nathan says that he was told by Shrewsbury, “if you don’t shut up, I’m gonna take these handcuffs off and do one of those old West Virginia ass whoopins.” After apparently not liking Nathan’s response, Nathan states that Officer Shrewsbury, who started to walk away, quickly turned around and punched him in the face with a close fist right hook, with Nathan still handcuffed and not physically resisting in any way.

I discussed in the previous video about Officer Shrewsbury that he had been decertified as a police officer while working at the Fayette County Sheriff’s Office in 2015, for lying and dishonesty as a police officer. The next year, Shrewsbury ran for the position of Magistrate Judge in Fayette County, touting his law enforcement experience – not mentioning his decertification – and also bragging that he was a professional boxer.

Excerpt, Fayette Magistrate Division 2 and 3 Candidates, May 8, 2016, The Register-Herald, https://www.register-herald.com/news/fayette-magistrate-division-2-and-3-candidates/article_ef029a2c-fd78-5bed-9473-88b362722a2c.html

A review of old social media also reveals at least one past boxing photo of Officer Shrewsbury.

The physical trauma inflicted to Nathan corroborates that, and corroborates Nathan’s recollection of being punched with a closed-fist right hook, rather than the word salad written by Officer Shrewsbury.

Nathan was discovered by other police officers, sitting in the back of a police cruiser, covered with blood, with his tooth laying in his lap, his shirt covered with blood, suffering in severe pain. These other officers took Nathan into their custody and transported him to a nearby hospital, where he underwent emergency treatment. Nathan’s jaw was broken in two different places. He was going to require immediate surgery. He ended up being transported all the way back to Ohio to a specialist surgeon at Ohio State University, for the necessary surgery on his jaw. 

Excerpts of Nathan’s medical records from Plateau Medical Center Emergency Room:

So you have a 20 year old kid, handcuffed, charged only with misdemeanor possession of marijuana, punched in the face by a police officer claiming to have experience as a professional boxer, knocking out at least one tooth, and fracturing his jaw in two places, requiring transport by ambulance, all the way to Ohio for surgery, where he spent four days hospitalized.

One of the police officers from the nearby Oak Hill Police Department who discovered Nathan injured and bleeding in the back of the police cruiser, and who transported him to the emergency room of the nearby hospital, noted in her report that she didn’t even know who had arrested and handcuffed Nathan, even identifying the design of the handcuffs she removed from him at the hospital. 

Excerpt of the police report by OHPD Officer Kennedy.

Another Oak Hill officer noted in his report that he was “made aware that an officer had punched the male” [arrestee] and placed him in into the other Oak Hill officer’s car, basically abandoning him there with no information or documentation.

Excerpt of the police report by OHPD Officer Jones.

Laughably, in his subsequent written police report, Officer Shrewsbury filled out a use of force report that contained almost no information about the force that he used, or the reason for using it. Mind you, I don’t believe his report even alleged that Nathan spit at him, just that he allegedly heard sounds that he alleges were leading up to a spit. Importantly, Nathan wasn’t charged with spitting, or attempting to spit on any police officer. 

Officer Shrewsbury’s Use of Force Report, dated August 16, 2021, which was even signed by his supervisor, the Chief of Police, Jack Brown.

Police use of force incidents are judged by the federal courts using the Graham Factors, which are going to easily show that this was an unreasonable and excessive use of force. Here you have an individual charged with an extremely minor crime, who is handcuffed, who is not physically resisting, but rather only running his mouth, expressing criticism, who is punched in the face with tremendous force, by a large police officer who claims to be a boxer. 

While that police officer claims he heard pre-spit sounds, that same police officer has already been decertified for lying as a police officer. Thus, it’s probably for the best if Officer Shrewsbury is suspended. All of this begs the question about why the town of Mount Hope, West Virginia hired him in the first place, and why they appear to have let him escape real supervision. 

Make sure you subscribe and follow-along to hear what’s happening next, because we’re learning more by the day, and lawsuits are looming.

Local Town Victimizes Innocent Motorists with Officer Perjury Pottymouth

On January 31, 2022, Brian Beckett was traveling home from work, driving Northbound on WV Route 19 in Mount Hope, West Virginia. It was around 5:45 p.m. He ended up getting pulled over for speeding by Mount Hope Police Department officer Aaron Shrewsbury. Instead of getting a speeding ticket, or even a warning, Mr. Beckett ended up being pulled out of his car and arrested for obstructing an officer, disorderly conduct, speeding, and reckless driving.

Mr. Beckett was driving home from an industrial work site in a nearby county. He’s not a criminal – not out selling drugs or committing crimes – just trying to drive down the road. He had a dash camera recording, which appears to show that he was driving safely. It doesn’t indicate his speed, but that’s not what this video is about. Officer Shrewsbury would subsequently swear under oath in his criminal complaint affidavit, seeking court authorization for Mr. Beckett’s arrest, that not only did he radar Mr. Beckett speeding, but that “as I was catching up to the vehicle, I noticed the vehicle weaving through traffic recklessly” but that “I was able to pull behind the vehicle and get it stopped….” Take a look at the dash cam footage from Mr. Beckett’s car just prior to the traffic stop, and see if that statement appears to you to be true.

Mr. Beckett used his personal cell phone to record his interaction with Officer Shrewsbury. Despite the officer stopping the video and attempting to delete the recording from Mr. Beckett’s phone, the officer couldn’t access it. During arrest processing, the officer was placing the phone in front of Mr. Beckett’s face in order to attempt to unlock the phone using facial recognition, to no avail. So he was unable to delete this footage, which shows the encounter, what led to Mr. Beckett’s arrest, and the fact that Officer Shrewsbury stopped the recording.

So Officer Shrewsbury immediately arrested Mr. Beckett for obstruction for not rolling his window down all the way. He never bothered to ask Mr. Beckett for his license, registration, proof of insurance, or even his name. He just demanded that the window be rolled down all the way, not providing a reason – just because he demanded it. Then immediately removed him from the car and arrested him. The officer never even identified himself, the reason he pulled him over, or explained any legitimate reason he required the window rolled down. 

In the subsequent criminal complaint, no allegation was made or charged that it is illegal in West Virginia to not roll one’s window down completely during a traffic stop. He was merely charged with obstruction. Under West Virginia’s obstruction statute, the plain language of the statute establishes that a person is guilty of obstruction when he, “by threats, menaces, acts or otherwise forcibly or illegally hinders or obstructs or attempts to hinder or obstruct a law-enforcement officer, probation officer or parole officer acting in his or her official capacity.” The Fourth Circuit recently examined the statute:

As West Virginia’s high court has “succinct[ly]” explained, to secure a conviction under section 61-5-17(a), the State must show “forcible or illegal conduct that interferes with a police officer’s discharge of official duties.” State v. Davis, 229 W.Va. 695, 735 S.E.2d 570, 573 (2012) (quoting State v. Carney, 222 W.Va. 152, 663 S.E.2d 606, 611 (2008) ). Because conduct can obstruct an officer if it is either forcible or illegal, a person may be guilty of obstruction “whether or not force be actually present.” Johnson , 59 S.E.2d at 487. However, where “force is not involved to effect an obstruction,” the resulting obstruction itself is insufficient to establish the illegality required by section 61-5-17. Carney , 663 S.E.2d at 611. That is, when force is not used, obstruction lies only where an illegal act is performed. This is because “lawful conduct is not sufficient to establish the statutory offense.” Id. 

Of particular relevance to our inquiry here, West Virginia courts have held that “when done in an orderly manner, merely questioning or remonstrating with an officer while he or she is performing his or her duty, does not ordinarily constitute the offense of obstructing an officer.” State v. Srnsky, 213 W.Va. 412, 582 S.E.2d 859, 867 (2003) (quoting State ex rel. Wilmoth v. Gustke, 179 W.Va. 771, 373 S.E.2d 484, 486 (W. Va. 1988)). 

Hupp v. State Trooper Seth Cook, 931 F.3d 307 (4th Cir. 2019).

At no point did Mr. Beckett refuse to participate in the traffic stop being conducted by Officer Shrewsbury. He rolled the window down partially. He was clearly visible through the non-tinted glass, his hands were visible and non-threatening; he hadn’t refused to provide his license, registration and proof of insurance. He hadn’t refused to identify himself, or to do any act he was required by law to perform. Moreover, I’m aware of no State law, nor did Officer Shrewsbury identify one in the charging documents, requiring motorists who are subjected to traffic stops in West Virginia to roll their windows completely down as a matter of routine. 

It appears that this arrest occurred in the absence of probable cause, and therefore in violation of the Fourth Amendment. But it didn’t stop there. 

Officer Shrewsbury also alleged that, after pulling Mr. Beckett from the vehicle and placing him in handcuffs, while walking Mr. Beckett to the police cruiser, that Mr. Beckett remarked that “this was bullshit.” Officer Shrewsbury wrote in his criminal complaint affidavit that, “I then informed Mr. Beckett to stop cussing and placed him inside my vehicle.”

Under West Virginia’s disorderly conduct statute, no probable cause could exist for a warrantless arrest for disorderly conduct by virtue of saying, “this was bullshit.” First of all, if that were possible, such would be a First Amendment violation, as the West Virginia Supreme Court warned law enforcement back ini 1988:

“The freedom of individuals verbally to oppose or challenge police action without thereby risking arrest is one of the principal characteristics by which we distinguish a free nation from a police state.”  

State ex rel. Wilmoth v. Gustke, 179 W.Va. 771, 773-74 373 S.E.2d 484, 486-87 (1988).

First Amendment issues aside, merely using bad language in the presence of a supposedly-sensitive police officer, cannot violate West Virginia’s disorderly conduct statute. Not that I expect law enforcement to actually learn the law, but there is a 2015 West Virginia Supreme Court case directly on point. In Maston v. Wagner, 781 S.E.2d 936 (W. Va. 2015), the West Virginia Supreme Court held specifically that the WV disorderly conduct statute, while potentially criminalizing profane language under some circumstances, in public and in front of other people who complain, does not criminalize profane language used by a citizen during their interaction with law enforcement.

If that’s not enough, the U.S. Supreme Court has sent a clear message through its rulings, such as in Cohen v. California (1971) and Lewis v. City of New Orleans (1974) that free speech, however offensive or controversial to sensitive virgin-eared police officers, is afforded a high level of protection. 

Officer Shrewsbury didn’t even allege in his criminal complaint affidavit that a third party had overheard Mr. Beckett’s alleged use of the word bullshit, or complained about it. Nevertheless, the local magistrate signed off on it, approving it as probable cause under West Virginia law. Which is a disgrace, given the fact that the State Supreme Court clearly warned otherwise about seven years earlier.

Also a disgrace to our Constitution, is the fact that these charges are still pending against Mr. Beckett. The individual police officers like this you see in these videos never do it alone. Behind the scenes are politicians and prosecutors. 

In fact, the politicians and prosecutors behind the scenes of this Officer Aaron Shrewsbury should explain why this police officer is allowed to victimize citizens in the first place, given the fact that he had previously lost his certification to be a police officer in West Virginia while working at the Fayette County Sheriff’s Office for “Dishonesty – willful falsification of information.” No, unfortunately I’m not making that up. That’s right – the same police officer who filed false and incorrect charges against Mr. Beckett, has somehow in the past managed to screw up his job so badly that he lost his certification to be a police officer, for lying as a police officer. Truly unbelievable. But also not unbelievable. 

Also not surprisingly, other complaints have surfaced about Officer Shrewbury. This one may sound familiar. August 15, 2021, a few months before Mr. Beckett’s incident, a 20 year old kid from Ohio was driving through this same area, and ends up getting arrested by Officer Shrewsbury for misdemeanor possession of marijuana. And listen to this, the kid says, according to Shrewsbury’s report, “this is fucking bullshit.” That incident ended in Officer Shrewsbury punching that kid in the face, and then placing him handcuffed, in the back of a police cruiser, with a blood covered face and broken jaw, which required surgery to fix. 

The kid was finally able to get help from another police officer at the scene. He said hey, I need help. When asked why he needed help, the kid said, “my tooth is in my lap.” The officer then looked at him and saw a large amount of blood coming from his face and on his shirt. That officer then promptly took the kid to the hospital, which began a long period of medical treatment to fix the damage caused by Officer Shrewsbury.

More about this incident shortly, but the question begs, why do the politicians and prosecutors turn this man loose on the public. You can see from this video the way in which he appears to hold regular citizens in contempt, treating them like garbage to be discarded.

If you have any information about Officer Shrewsbury, who as far as I know is still out there interacting with the public, please reach out.

Update: WV Judge in Traffic Stop Video: Trial Just Ended

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.”

https://wvmetronews.com/2022/06/14/judge-is-now-a-defendant-over-allegations-that-he-crossed-ethical-lines-after-traffic-stop/

The town’s former police chief testified:

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.”

https://wvmetronews.com/2022/06/14/judge-is-now-a-defendant-over-allegations-that-he-crossed-ethical-lines-after-traffic-stop/

The town’s mayor testified:

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.”

https://wvmetronews.com/2022/06/14/judge-is-now-a-defendant-over-allegations-that-he-crossed-ethical-lines-after-traffic-stop/

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.”

https://wvmetronews.com/2022/06/14/judge-is-now-a-defendant-over-allegations-that-he-crossed-ethical-lines-after-traffic-stop/

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.”

https://wvmetronews.com/2022/06/15/judge-testifies-in-his-own-ethics-case-im-sorry-for-this/

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.

Officer Indicted for Manslaughter – Bodycam Video Just Released

Greensboro (NC) Police Officer Matthew Hamilton was indicted for manslaughter last week for the shooting of Joseph Lopez back in November of 2021. He was also fired and sued. The bodycam footage was just released. Let’s take a look and discuss the relevant law.

For some reason this is age restriction, even though you basically see nothing….

Here’s the federal Section 1983 civil rights lawsuit, currently pending:

Small Town Cops Exposed on Video and Held Accountable in Court

The small town police department in Westover, West Virginia was recently exposed for their corruption and misconduct. Take a look at this dash cam video featuring two police officers who won the town a 1.1 million dollar settlement in two lawsuits, including the brutal use of force captured in this disgraceful body cam footage.

Here’s the text of the lawsuit itself, with all of the allegations:

But there’s more…. Accusations of corruption surfaced, which is shocking, I know.

The over 90-minute meeting that involved former Westover Police Chief Rick Panico, Lt. John Morgan, Westover city attorney Tim Stranko and Westover City Councilman Steve Andryzcik took place in September 2020. The meeting came on the heels of Panico’s resignation and the release of a letter signed by 11 Westover Police officers calling for the removal of Officer Aaron Dalton for a number of abuses of power….

The conversation during the meeting was mostly focused on the conduct of Mayor Johnson and his relationship with Officer Aaron Dalton. Pancio and Morgan described concerns that Mayor Johnson subverted the chain of command within the police department and created an environment that made it impossible to hold Dalton accountable for his actions.

Dalton is facing multiple lawsuits over civil rights violations and more accusations came to light in the meeting, including claims that Dalton had sexual intercourse with a woman while on duty and later was harassing her. Pancio claimed in the meeting that Mayor Johnson told him to “make it go away.”

This reminds me of the time I spent in Parkersburg, West Virginia years ago, where the mayor held an excessive force planning meeting with all the local police officers, resulting in at least one blowing the whistle on him….

Pro-Federal Law Enforcement Civil Rights Rulings This Week from SCOTUS and the First Circuit

The SCOTUS issued an opinion in Egbert v. Boule this week, which made clear that it’s close to impossible to sue federal law enforcement officers for civil rights violations. They essentially declared that border patrol agents have absolute immunity from civil liability due to “national security” grounds. There is some traditional basis of “Bivens” liability still in existence for non-border related law enforcement police-type activities, but for reasons I’ve explained before, it’s hardly worth pursuing anyways….

Also, more shockingly, the First Circuit issued an opinion en banc in U.S. v. Moore-Bush, which found that it probably was not a “search” under the Fourth Amendment for ATF agents to set up a 24/7 live feed camera on a utility pole outside a suspect’s home for a period of 8 months. This was a criminal case dispute over suppression issues.

Update: Family Court Judge Case Set for Trial in July

Here’s a quick update on the status of the Family Court Judge Search Case federal civil rights lawsuit. As of right now, we’re scheduled for a jury trial beginning on July 19.