Home video cameras are certainly handy at catching law enforcement violating your constitutional rights. Check out those prior videos if you want to hear me discuss the constitutional rights at play in those incidents. But did you know that the government is also actively using them as well? Do you have a Ring doorbell? How is the footage stored? Can the police obtain that footage against your will, even if you’ve done nothing wrong? What if I told you that Ring just might provide stored footage from cameras inside and around your home to police, even without your consent?
A guy named Michael Larkin was featured in a Politico article. His story exemplify what can happen to you if you use Ring doorbells. He’s a business owner in Hamilton, Ohio, and has a Ring doorbell camera and 20 other Ring cameras in and around his home and business. Five of those cameras surround his house, which record in 5 to 15 second bursts whenever they’re activated. He also has three cameras inside his house, as well as 13 cameras inside the store that he owns. All of these cameras are connected to his Ring account. Ring, the company, stores this footage on their servers for up to 180 days. He thought his footage was his own private footage. But he thought wrong.
Check out this brand new footage from Cabot, Arkansas – yet another Walmart video – submitted to me by this man’s lawyer. Walmart calls the cops and reports a non-crime. Usually they do this without ever asking the individual to leave; they just call the cops. Then the cops show up and likewise don’t ask the person to leave, but instead, they demand an ID in the absence of any legitimate suspicion of criminal behavior.
So no crime has been committed, but the person gets detained. As I’ve explained numerous times, what is required for police to detain someone against their will? Is it enough that a Walmart employee doesn’t like the way you look, or something about you? No. Police must have reasonable suspicion to detain you. When you are forced to stop and talk to them and provide ID, that’s a detainment. Reasonable suspicion is required.
And there’s still more. The most outrageous of the allegations I disclosed in my first video pertained to a state trooper putting a hidden camera in the women’s locker room of the WV State Police Academy, as well as the ensuing destruction of the evidence and coverup. One of the things argued back and forth on the radio between the former head of the state police and the Governor’s office is the claim that there were no victims wanting to press charges. Well that’s not the case, apparently. According to media reports, multiple women who regularly used the female locker room at the West Virginia State Police Academy have filed a notice of intent to sue over allegations a hidden camera was used there. It looks like multiple lawsuits are looming.
Yes this is a huge scandal. Sadly, however, this wouldn’t be the first time for the West Virginia State Police. Have you ever heard of Fred Zain? In 1977, Zain was hired as a chemist at the West Virginia State Police crime laboratory, with the rank of trooper. He was eventually promoted to director of the serology department.
It was later discovered that Zain had gained his job in the serology department by using false credentials. Nobody checked his background. He soon became popular with prosecutors in West Virginia for being able to solve extremely difficult cases. His reputation was such that prosecutors throughout the country wanted to use him as an expert witness.
In 1987, an innocent man named Glen Woodall was convicted of a series of crimes and was sentenced to 335 years in prison. The next year, in 1988, DNA testing was used for the first time in a state prosecution, which proved conclusively that Woodall was innocent. The conviction was reversed. Woodall was released and sued the state for false imprisonment, winning a 1 million dollar settlement.
A criminal investigation into Zain began. A special judge and a panel of lawyers and scientists were appointed to investigate the West Virginia State Police’s serology department. Ultimately, a judge issued a report finding that Zain had engaged in outright misconduct and fraud over a long period of time. According to the report, Zain had misstated evidence, falsified lab results and reported scientifically implausible results that may have resulted in as many as 134 people being wrongfully convicted.
The judge’s report concluded that Zain’s misconduct was so egregious that any testimony offered by Zain should be presumed to be invalid, unreliable and inadmissible. The West Virginia Supreme Court accepted this report, calling Zain’s actions “egregious violations of the right of a defendant to a fair trial” and a “corruption of our legal system.”
After leaving West Virginia, Zain then went to Bexar County, Texas, where his fraud and misconduct may have resulted in as many as 180 wrongful convictions there. Reviews of the cases he was involved with resulted in charges being dismissed and convictions reversed for numerous cases in both West Virginia and Texas. West Virginia alone paid a combined total of $6.5 million to settle wrongful convictions lawsuits.
So, to recap the current scandal: an anonymous whistleblower letter was sent to numerous politicians making serious allegations with sufficient specificity as to give the instant credibility. A local investigative reporter began looking into it and reporting on it. Someone provided me with a copy of that letter. I released the letter and described the substance of the allegations in my first video about this.
Then, all hell broke loose. My first video alleged that the head of the state police had been terminated. That wasn’t true. At least not yet. Then, the state trooper suspected of being the whistleblower gets arrested, the day before he’s scheduled to testify at a grievance hearing where top brass was subpoenaed to be questioned under oath by the whistleblower’s attorney about allegations of corruption and misconduct.
The alleged whistleblower’s attorney then goes on the TV news and calls the arrest retaliation for his client being the alleged whistleblower who wrote the letter that I released. The whistleblower must have friends in high places, because state officials from the Department of Homeland Security then ran with those allegations and searched the state police headquarters, seizing the devices of the top brass at the state police, including the superintendent.
But there’s still more. The Governor has asked the new Interim State Police Superintendent Jack Chambers to look into a case where a man died along Interstate 81 in Berkeley County, West Virginia on February 12 of this year. The theme here is the complete lack of accountability from within. Coverups instead of actual investigation of police misconduct.
Here’s what is alleged to have happened there. A caller reported a man walking along the side of the road appeared to be intoxicated. When officers arrived, the release from State Police claims there was some sort of struggle that resulted in the man becoming unresponsive and officers were unable to resuscitate him.
Brian Abraham, the governor’s chief of staff, said tasers were used multiple times on the man. “It ended up culminating in that individual being subjected to a taser on multiple occasions and ultimately had cardiac arrest or something, but he was unable to be resuscitated on scene.” The body cam footage of this event exists, but has not yet been released. Here’s what the Governor said about it: “I’ve seen the video. The video is very, very concerning.”
There’s so much going on. Let’s go back to the casino incident. One of the allegations to come out in the investigation of the state police leadership is that a senior trooper stole money from a guy in a casino. Then, the Governor’s chief of staff demanded that the head of the state police terminate the guy. Instead, he let him retire first.
The investigative reporter, Kennie Bass, issued a FOIA request and obtained the video footage and report detailing what happened. According to his reporting, at about 11:20 a.m. May 29, 2021, a male patron said he had lost an envelope containing $500. This triggered a review of security cameras. This showed a man in a hat, dark shirt and blue jeans had picked up the envelope.
A further investigation of the video sequence revealed the man and his female companion, identified as his wife, had already left the property. The man was identified as a West Virginia State Police captain. Investigating the matter, a West Virginia Police sergeant contacted the captain and was able to quickly recover the envelope, which was stuffed with $731 in cash. The sergeant contacted the casino about the recovery and had the money back at the gaming facility by 2:22 p.m. A West Virginia State Police receipt recorded the handover of the cash and the money was placed in a safe. On the next day, May 30, 2021, the customer who had reported the missing money was back in the casino by 11 a.m. to claim his property.
The Governor gave a press conference about it and slammed the state police leadership for covering the incident up. “Basically, any way you cut it that money was stolen,” Gov. Jim Justice said at a briefing earlier this week. “And then as far as us doing a quick investigation and getting right on to what we should get onto, we didn’t do that.”
The Governor’s chief of staff strongly suggested to the head of the state police that the two troopers involved in the theft and coverup be thrown under the bus immediately. “My advice was by the time the sun goes down today, those two individuals would not be state troopers anymore,” Brian Abraham, the governor’s chief of staff, said. “I then left the decision-making to him (Jan Cahill – the superintendent) as the agency head.”
Colonel Cahill, who resigned Monday morning as State Police superintendent, ignored Abraham’s advice and allowed the captain to retire with 29 years of service. There was no investigation. The sergeant who recovered the money was cleared by an internal agency investigation under Cahill’s watch. A new probe, however, is focusing on the sergeant’s failure to report the incident up the chain of command.
Then there’s, of all things, the scandal of the hidden camera being placed in the women’s locker room of the West Virginia State Police Academy. The trooper who put the camera in the bathroom supposedly said he was doing so in order to catch some state police employees having an affair. But apparently he recorded a bunch of footage, presumably for his own use. That guy is now dead. So he’s not being brought to justice. But then, three troopers find this footage on a thumb drive, showing the footage from the locker room. What do they do with it? They pull it out of the computer, throw it on the floor and start stomping on it – destroying the evidence.
The now former head of the state police said essentially that it wasn’t a big deal because there were no victims who wanted anything done about it. Well apparently that’s not true. It’s just been reported that multiple victims who were recorded have now hired lawyers and put the state on notice that they intend to sue. So multiple female employees of the West Virginia State Police were recorded by a state trooper, and then the evidence was destroyed by other state troopers. Leadership was aware of all of this, and yet did nothing but engage in a coverup.
Imagine if the Fred Zain mess had just been covered up, instead of being exposed? How many innocent people would still be rotting away in prison, but for the exposure of his misconduct? That’s what’s currently at stake. It’s not just about what we know about already; it’s about what else do we NOT know about? It’s about the integrity of past convictions; the integrity of pending criminal cases; pending civil lawsuits.
I have conversations with people every day where I say essentially, yes I believe you. I do believe you. But I have to be able to prove it. Do you have any video footage? Any audio footage? Unfortunately, I can’t just take your word and run with it. Just by default, the powers-that-be and people in general will take a police officer’s word over yours. We, as a society, have gifted that credibility to them, just by virtue of placing a badge on them. If they’re not worthy; if they’re not credible, they need to go. As quickly as possible. And an example must be made for the others. That is what has not been happening in the West Virginia State Police.
The major point here that the former head of the state police completely missed, is that accountability is everything. You don’t just throw one or two people under a bus when it’s politically expedient to do so. You consistently maintain a high standard of integrity and professionalism. If you don’t do that, the entire system collapses. Then what happens? The feds have to come in like it’s 1866 and start putting people from Washington DC in charge of local law enforcement. That’s where we’re headed I believe, if this isn’t resolved properly.
But also remember: you can’t trust the government in general. We don’t want them cleaning up the mess just for optics, and then continuing on after a certain quota of top brass have been thrown into the volcano. We need complete accountability and a plan for moving forward. Perhaps like the Zain ordeal, there should be a committee of people, including a judge, to sort through this. I’ll continue watching this as it develops and will no doubt provide future updates. So please subscribe if you want to follow along. If you have information, please provide it to me using the submission link.
February 13, 2023, Jacob Jackson is walking down a public sidewalk in Beckley, West Virginia. A uniformed sheriff’s deputy pulls up in a marked police cruiser and activates his emergency lights. The reason? He has civil service papers to serve related to an eviction proceeding. Jacob asserts his rights. The deputy asserts what he believes to be his rights as a police officer. Can a police officer forcibly detain you, ID you, search you, put his hands on you, just because he has civil paperwork to serve on someone? Even if you’ve done nothing illegal?
Jacob brought me his cell phone video. I then obtained the body cam footage via a FOIA request from the Raleigh County Sheriff’s Department.
When police officers encounter pedestrians, they could trigger an investigatory detention, which requires reasonable suspicion, or they could just be engaged in a consensual encounter, which requires nothing. It’s just a conversation.
Consensual encounters, i.e., a conversation, does not trigger the Fourth Amendment, and can be easily identified if the subject asks whether or not he’s free to leave. If the question isn’t asked, courts will look to the circumstances. Would a reasonable, regular person believe that he was NOT free to leave? Were emergency lights activated? Multiple police officers? Guns drawn? Put in handcuffs? Accused of criminal conduct? Told to show your hands? Told to get on the ground? Or was it just a conversation.
The question is whether a reasonable person would feel free to terminate the encounter. If the person was involuntarily detained by the officer, that constitutes a seizure under the Fourth Amendment, no matter how brief the detention or how limited its purpose.
If a detention occurs, the courts require the detaining officer to be able to articulate why a particular behavior is suspicious or logically demonstrate that the person’s behavior is indicative of some sinister criminal activity. It must be based on suspicion of illegal conduct. In other words, it cannot be based on suspicion of legal conduct, such as walking down a public sidewalk, or even being a defendant in a civil lawsuit – even an eviction proceeding. Anyone can serve lawsuit paperwork: a private investigator, a rando off the street – anyone. Just doing that does not entitle any individual to detain or arrest the target of the civil service.
This video demonstrated that Jacob Jackson was not suspected of having committed any crime. The officer had no right to involuntarily detain him. He had no right to do anything but engage in a consensual encounter with Mr. Jackson. Due to the fact that Mr. Jackson asserted his rights, there’s no doubt that the officer detained him and thereby triggered the Fourth Amendment. Given the fact that there was no allegation or suspicion of illegal conduct, reasonable suspicion did not exist, and therefore the Fourth Amendment was violated – no matter how brief the detention was, and no matter how badly the officer, or some litigant, wanted Mr. Jackson to be served with the paperwork.
On March 10, the West Virginia State Police Special Response Team executed a search warrant in McDowell County, West Virginia and shot 21 year old Darius Lester multiple times. Yesterday I went and met Darius and his family and examined the scene of the shooting. The truth is far from what the state police gave to the news media. Let me tell you what really appears to have happened. By the way, this is the same state police currently all over the news for being exposed as completely untrustworthy, as I just detailed in a recent video.
Here’s what was given to the news media:
One man was injured Friday during an officer involved shooting while troopers with the West Virginia State Police were serving a search warrant.
At about 5:45 a.m., members of the West Virginia State Police SRT acting in cooperation with the FBI served a search warrant at the residence of Jeremy Lester….
Upon entry, members were confronted by Darius Lester, 22 of Big Sandy, who was armed and attempted to attack the members with a hammer. Members engaged the suspect and shots were fired stopping the threat, Maddy said.
First aid was administered on scene until EMS arrived. Darius Lester was transported to Raleigh General Hospital for his injuries.
Here’s what really happened:
Darius had been asleep on the couch in the home’s living room, where he liked to sleep. Darius was unarmed at the time he was shot and was still on his bed, as indicated by the pool of blood on and underneath the couch where he was sleeping. Darius has no criminal record. He was not under arrest. He was not suspected of having committed any crime. He was merely sleeping on the couch in a house where police were executing a search warrant unrelated to him. Darius works as a coal truck driver. He works the night shift. He had just gotten off work at around 4 a.m. He then went to sleep shortly after getting home. Sometime after 5 a.m. the state police SWAT team showed up. Everyone was asleep, including Darius.
I’ve already examined the actual search warrant that formed the basis of the raid. It did not provide for a no knock entry. It also contained no allegations that anyone inside the home was armed or dangerous. In fact, from my understanding, nobody who lived in the home even had a criminal record at all.
Law enforcement was there to execute a search warrant based on the illegal possession of explicit photographs allegedly downloaded by Darius’ uncle. There were no allegations alleged in the warrant application that executing this particular search warrant posed any threat of danger to law enforcement. So why call out the state police’s SWAT team, the SRT? The allegations against the uncle solely pertained to downloading illegal photographs. There was nothing about violence or physical danger to police officers executing a search warrant. It’s my understanding that the uncle had no prior criminal history. Nor were there any allegations at all against Darius.
The press release said that “upon entry” they encountered Darius, who had a hammer. Well, the photographs I took yesterday show where Darius was when they encountered him: asleep on the couch in the living room, which is quite a ways from where they made entry. They would have made entry and rounded the corner into the living room before encountering him and waking him up, flashlights in his eyes, probably startled and confused.
The photographs of the blood stains show where the violence occurred – right on the bed/couch where Darius had been sleeping.
Why would Darius attack a SWAT team with a hammer? That’s absurd. He wasn’t under arrest. He hadn’t done anything wrong. Perhaps it’s more likely that once they realized they shot an unarmed man, who wasn’t even the target of their investigation, they grabbed a nearby hammer and came up with a cover story for why they shot him. Why would a SWAT team in full body armor be in fear for their lives of a guy, with no criminal record or charges, allegedly holding a hammer – especially one in his own bed. Are they that afraid? I mean, really? A hammer?
I’ve dealt with the West Virginia State Police SRT team before. I had a case in federal court in the Northern District of West Virginia – up in Doddridge County, where the state police SRT busted in on an elderly guy, who likewise had done nothing wrong (they were looking for a third party fugitive who used to work for him) and they literally scared the guy to death.
They put him in handcuffs and made him stand in his kitchen. The old man, in poor health, began having trouble breathing and asked to be released from his handcuffs. The tough guy state trooper, wearing full body armor and holding a machine gun (literally a machine gun, as it was full auto) refused, because as he explained to me when I deposed him, there were officer safety concerns, because they were in a kitchen. And there were sharp knives around. I’m not even joking. The man died and they just put him no the floor and began to take crime scene photos.
That was the case where part of the settlement was that the West Virginia State Police agreed to retrain their entire agency about the constitutional requirement to knock and announce prior to busting in someone’s house on a search warrant execution.
This seems awfully similar. I mean, what’s the point of having a SWAT team if you don’t get to use it from time to time, am I right? In my prior case there were, I believe, 17 different SWAT guys at the scene. I wonder how many they had here, that were so afraid of an innocent guy with a hammer? Even if he did have a hammer, perhaps if you didn’t bust in in the darkness and startle the guy out of a deep sleep, he wouldn’t have grabbed a hammer. Though I highly doubt he ever did. The evidence at the scene points to the gunshots occurring while Darius was still on his bed.
What really happened? Could it have been an accident? A mistake? Maybe they thought he was the uncle and nobody would care, given the allegations against him? One thing’s for sure. If there had been body cam, we wouldn’t have to speculate.
There’s no doubt that the case law would justify the police shooting someone coming at them with a hammer. There have been numerous similar cases with those allegations. The question is, did that even happen?
As discussed in some of the recent state police scandal videos, one of the allegations against the top brass of the state police is that they make the lower tier guys wear and use body cams, while the important people don’t have to. All the street level state troopers now have and use body cams. Why would the state police’s SWAT team not be given body cams? That would make it really easy. Does the footage show a guy running at them with a hammer and refusing to drop it? Or does it not? If the situation is so important and dangerous that they need to use the SWAT team, why does it not justify the use of body cams?
I’ll go ahead and speculate that they chose not to use them just in case they end up shooting someone like this. Then they can just grab a nearby object and say the guy was holding it, and refused to drop it. The South Park “he’s coming right at us” defense. Then, when it gets to court, they’re wearing their uniforms and fancy hats and they hope that the jurors will take their word over the victim’s word. That should be unnecessary. It should have been caught on video. Maybe it was, but the preliminary information suggests that there is no body cam footage.
This is yet another example of a completely unnecessary shooting of an innocent unarmed citizen by our government. For those of you with the thin blue line stickers and all the pro-Constitution stickers at the same time, this is your government. This is who is going to come to your house and confiscate your guns when the time comes. This is how they will treat you as well. NRA sticker on your truck? You better believe they’ll show up to your house at 5 am also, at a time when they think you’ll be asleep. They’ll be trigger happy too, since they’ll have been briefed on how much of a gun nut you are. This is where we are in this country. This is the road we’re headed down.
Then, after your government shoots you, what do they do next? Well, if you survive, guess what? They charge you with a crime to cover their exposure to a civil lawsuit. That’s exactly what they have done to Darius here. They’ve charged him with a felony, for allegedly attempting to harm this poor vulnerable SWAT team with a ball peen hammer. And he was so successful at it that no officers were even injured. To the contrary, the perpetrated was shot multiple times, including two rounds to the chest.
Why do they do this? Because any subsequent civil rights lawsuit is going to be bound by any factual findings contained in the underlying criminal case. So if they convict Darius of attempting to hit a police officer with a hammer, that fact will have to be taken as true by the federal court in the subsequent civil lawsuit.
Also, don’t worry, the West Virginia State Police is investigating themselves. This is the same agency that is currently all over the news for literally refusing to properly investigate themselves.
Again, this is a poor area of West Virginia that has for years been neglected by politicians. Corruption has been rampant in this area for years. That’s why it’s important to bring attention to what’s happening and watch very carefully.
Imagine it’s winter time. You’re at home in Erie, Pennsylvania. There’s snow everywhere. Your Ring Doorbell alerts you to movement at your front door. It’s a SWAT team. They grab your doorbell camera and chuck it into the snow and then start to bust down your door. You’ve done nothing wrong. You’ve broken no law. You have no idea why they’re there. And neither do they apparently. What do you do? What is the law?
It was March 12, 2023.Officers approach the house and notice the Ring doorbell and then they remove or destroy it. The homeowner got to the front door and confronted the officers. They told him to come outside, which he did.
Sadly, Lance, who submitted the footage, has early onset dementia. He explained this to the officers. He decided to take out his cell phone and begin filming their interaction – for his safety and theirs, of course. That’s when Lance’s cell phone footage begins. The cops absolutely did not want to be filmed, even though they were on Lance’s property, without a search warrant and without probable cause, or even reasonable suspicion, to believe that Lance had committed any crime at all.
Searches and seizures which take place in a person’s home are presumptively unreasonable, which means they are illegal by default according to the Fourth Amendment. The only exceptions are consent and exigent circumstances. Here, the officers had no search warrant for this house. It also appears that they had no legitimate reason to believe that the fugitive they were looking for was inside the house.
According to their own words, they received an anonymous tip that the fugitive could be inside the home. In reality, the fugitive had no connection whatsoever to the home. Anonymous tips cannot form the basis of probable cause. Which is why they didn’t have a warrant. They should have investigated the anonymous tip, in which case the officers would have discovered that it was not credible. Instead, they just got the boys together, rolled up on the house, destroyed private property and then commenced an illegal search.
While the homeowner gave the officers consent to go inside the house, he subsequently revoked that consent after finding out that the officers were acting off a bogus anonymous tip. Moreover, they had already invaded the curtilage of the home and destroyed private property prior to obtaining that consent. They had no legal justification to do so and therein violated the Fourth Amendment.
Lance is looking to file a lawsuit, if any Pennsylvania lawyers are interested in helping him.
UPDATE: Since I made the video on this, Lance found out that the officers had first applied for a search warrant, based on the anonymous tip. That warrant was apparently denied by a judge as lacking probable cause. Then the officers showed up anyways. In the end, they were apparently at the wrong house. Not surprisingly…. Lance’s home had no connection to the fugitive they were looking for.
Video footage has just been released showing misconduct by a notorious former sheriff in Clayton County, Georgia. That footage resulted in his conviction for federal civil rights violations, for which he is about to face sentencing. In other words, here’s yet another rare, but great, example of law enforcement being held accountable for civil rights violations in the best possible way – criminal prosecution.
Victor Hill, the former sheriff of Clayton County, Georgia, was charged with seven counts of willfully depriving detainees at the Clayton County Jail of their constitutional right to be free from unreasonable force by law enforcement officers. Specifically, the grand jury who indicted him alleged that Hill caused the seven victims to be strapped into restraint chairs at the jail without any legitimate nonpunitive governmental purpose and for a period exceeding that justified by any legitimate nonpunitive governmental purpose. The grand jury further alleged that these offenses caused physical pain and resulted in bodily injury to the victims.
The trial is already over. On October 26, 2022, a jury convicted Hill on six of the seven counts. As to each of those six guilty counts, the jury further found that the offense caused physical pain and resulted in bodily injury to 6 different victims.
The reason you’re seeing this now is because some of that footage was just released. The released footage shows the restraint of Robert Arnold, who was booked into the jail on February 25, 2020. He was accused of assaulting two women inside a Forest Park grocery store earlier that month.
“What was you doing in Clayton County that day?” Sheriff Hill asked Arnold.
“It’s a democracy, sir. It’s the United States,” Arnold replied.
“No, it’s not. Not in my county,” responded Sheriff Hill.
When Arnold challenged Sheriff Hill on his right “to a fair and speedy trial,” Hill told sheriff’s office employees to bring him a restraint chair.
“Roll that chair ’round here,” ordered Sheriff Hill. “Roll that chair ’round here.”
According to a 2018 policy approved by Hill, restraint chairs “may be used by security staff to provide safe containment of an inmate exhibiting violent or uncontrollable behavior and to prevent self-injury, injury to others or property damage when other control techniques are not effective.”
Prosecutors also introduced surveillance videos from inside the jail that showed Sheriff Hill’s interactions with Glenn Howell on April 27, 2020. Howell, a landscaper, had a dispute with a Clayton County Sheriff’s Office deputy about payment for work that Howell did on the deputy’s property. Sheriff Hill called Howell to try to intervene and the conversation became heated. When Howell tried to contact Hill again, Hill obtained a warrant for Howell’s arrest on a charge of harassing communications. Howell turned himself in a few days later.
In the surveillance video, Howell is pictured sitting on a bench for several minutes. He appears to follow commands as an intake officer searches him and processes his belongings. At one point, prosecutors pointed out, jail staff left Howell alone in the intake area—something attorneys argued they would not have done if Howell was a threat. Footage shows Sheriff Hill arriving about an hour later and speaking to Howell in the hallway. Less than a minute into the conversation, Howell is placed into a waiting restraint chair.
The sheriff’s office restraint chair policy explains that officers should remove someone from the device “when they have determined that there is no longer a threat to self or others, or the inmate must be transported to another facility.” Multiple witnesses, however, testified that when Sheriff Hill ordered someone into a restraint chair, it was understood that person was not to be released for four hours, the maximum allowed under the policy.
The biggest police scandal in the country right now is going down in West Virginia – and almost nobody even knows about it. It hasn’t made national news yet. One reporter in West Virginia exposed it and things have escalated. This is another one of those cases where this Youtube channel has inadvertently helped to expose government misconduct. This goes to show what an absolute necessity free speech is to our freedom.
A couple weeks ago I released an anonymous whistleblower letter from a state trooper, making specific allegations against the top leadership. I had no idea this would happen, but apparently that kicked off what is essentially a civil war inside the West Virginia State Police that seems to have been brewing. Since my first video on this with the whistleblower’s allegations, that whistleblower has been arrested. His lawyer is alleging a coverup conspiracy going all the way to the top of the state police.
Now, more breaking news, as of last night it was revealed that the Governor has ordered the seizure of the cell phones and electronic data of almost all the top leadership at the state police. Crazy, crazy stuff. This is big. People should know about this, because the implications are enormous.
On February 17, I posted a video with breaking news about the scandal at the West Virginia State Police, publishing for the first time the salacious details being alleged. I’ll link that video in the description, as well as the link to the letter itself.
Here’s my original video:
The initial version of that video title included the allegation that the head of the state police had been terminated. Within hours of the posting of that video, I was contacted by his attorney and told that he had in fact not been terminated, demanding a correction, which I did. It apparently started to snowball from there. I started getting all sorts of contacts from current and retired law enforcement officers with messages of support, as well as additional information.
Then I started getting additional anonymous letters. I didn’t publish any of those and I don’t intend to at this point. Instead, not really wanting to be within the middle of a law enforcement civil war, I provided those letters to the appropriate authorities. Maybe the time will come that that will happen. One of those letters, however, made reverse accusations against the trooper later disclosed to be the alleged whistleblower, Joey Comer. That was the first time I heard his name; never talked to the guy. He’s not the one who gave me the letter.
But I did start to hear through my contacts that the whistleblower, or whistleblowers – because it seemed to me that it was more than one individual, from the amount of information provided – were worried that retaliation was coming.
Then, sure enough, on February 24, 2023, the leadership at the WVSP issued a press release announcing that the alleged whistleblower, Joseph Comer, a current member of the West Virginia State Police, was arrested and charged with domestic battery and felony strangulation.
Okay, wow. So they arrested the whistleblower. But there’s more….
Then, on the same day, February 24, 2023 the attorney for the alleged whistleblower gives an interview to the media alleging that the arrest was in retaliation because he was the suspected whistleblower. Before we get to the allegations against Comer, let’s look at the timing. He was arrested the day before he was scheduled to testify at a hearing in front of an administrative law judge about “corruption that was going on” within the state police. Comer’s lawyer said that the “top brass” of the state police had been subpoenaed to testify at that hearing, where they had intended to expose their misconduct through evidence in their possession.
So this hearing is set to take place Friday morning. Thursday afternoon at 4:12 p.m., an attorney for the state police filed a motion seeking to prevent the agency’s top staff from having to testify and be subjected to questioning. Then at 11 p.m. Thursday night, the whistleblower received a call from other state troopers telling him they were coming to his home to pick up his gun and his badge because there had been a domestic violence protection order filed against him.
Comer’s lawyer said that the head of the state police had traveled to the vicinity where his client worked as a trooper and told several people that he knew who the whistleblower was, and that he had a hearing on Friday morning, and that he was going to “take care of him.”
The underlying allegations that they arrested the alleged whistleblower on were domestic violence in nature. According to a criminal complaint filed in Ritchie County Magistrate Court, on Dec. 5, in the gravel parking lot of the Sleep Inn in Ellenboro, Comer grabbed a woman around her neck during a scheduled child custody exchange. The woman reported that she had bruises on both sides of her neck. The alleged incident resulted in the strangulation charge, a felony. The second criminal complaint alleges that on Dec. 12, 2022, in the gravel parking lot of the Sleep Inn in Ellenboro, a woman said she was struck in the head with a sippy cup that Comer threw at her during a scheduled child custody exchange. The woman told troopers that the incident left her with a black eye, according to the court documents. The records do not indicate if the woman who reported both alleged incidents is the same person, but sources say the alleged victim, who is also a trooper, shares a child with Comer. One of the anonymous letters I received said something to this effect.
One of the important constitutional issues that the Institute for Justice is currently litigating is the ability to sue the government when they file criminal charges against someone in retaliation for their protected speech. There’s some bad law out there saying that, if probable cause exists, no matter the bad motive, you can’t sue them for First Amendment retaliation. Even if it was.
Here, there’s a similar concern. Certainly the state police didn’t create the allegations whole-cloth. But let’s look at the dates. One of the incidents is alleged to have occurred on December 5; the other on December 12. Yet they didn’t charge him until February 24 – the day before the hearing at which he was set to expose corruption among the state police leadership. Moreover, the alleged victim of those incidents is herself a state trooper. I would agree with Comer’s lawyer, that just doesn’t even pass the laugh test.
I was told that more was coming out. Well, last night it did. Last night a third media report came out and it’s a bombshell. I had been hearing that this was occurring, but now it’s verified. Last week, the main headquarters of the West Virginia State Police was searched by the Department of Homeland Security. That’s the state-level DHS. This was done at the order of the Governor. Here’s the actual order from the Governor, ordering:
Cahill, the head of the state police, was directed by the Governor to grant any and all necessary access to systems or data that was requested.
The media outlet obtained one of those duty logs and posted in their story on their website. They’ve since deleted the screenshot, but I saved it. It’s a duty log entry from Sgt. B.L. Keefer addressing the search and attempted apprehension of Comer when the warrant was issued for his arrest on Feb. 23.
In the duty log entry, Keefer wrote that he was called at home to contact/locate Comer and “relay him to WVSP Parkersburg, under the premise of him being served with a DVP.” Keefer wrote that he spent several hours searching for Comer and learned that “senior staff was attempting to ‘ping’ his cell phone and utilize LPRs in searching for Cpl. Comer’s whereabouts.” The log entry indicated “WVSP senior staffers” had discussed calling out additional manpower.
The sergeant wrote that he had been advised Comer had a hearing the next morning at State Police headquarters, where he could be “easily served at that time, with his legal counsel present.” “Additionally, this sergeant, still under the assumption that his search was still centered around a DVP service, believed that the orders originating at WVSP HQ were definitely overkill based on the very small bit of information he had been previously provided,” Keefer wrote. Despite all of this, Keefer said he continued searching for Comer in very desolate areas of Jackson County, near Comer’s home. Keefer said he was not able to locate Comer but learned the next morning that there were actually felony and misdemeanor warrants issued for his arrest, along with the DVP.
“This sergeant is now strongly questioning the decision by the WVSP senior staff in not informing the sole member they sent to locate Corporal Comer, and not informing this sergeant of the felony and misdemeanor warrants, that were most assuredly in effect at the time of the search,” the entry stated. “This sergeant has since learned that the WVSP senior staff has taken the position that they were afraid that Corporal Comer was a ‘threat’ that needed immediate attention, but failed to inform the very member that they ordered to ‘bring him in.'”
Keefer went on to question why, if Comer was considered a threat, he was not provided with the information as part of officer safety protocols. “If Corporal Comer had truly been a ‘threat,’ and any information had leaked to him from the ‘victim’ or any other person who had information that this sergeant most certainly was not provided, then that placed this officer at an undue risk, and that is inexcusable,” Keefer wrote. Keefer ended the entry by writing, “This sergeant is making this note on the duty log as an abridged history, and record, of this event, as the current WVSP administration efficacy and trustworthiness is called into question.”
So, it sounds like the trooper they sent to arrest the alleged whistleblower, is now himself blowing the whistle, implying that the arrest was political and corrupt and in retaliation against Comer. If this is the case, it appears that the evidence has now been seized. Are they going to find communications between the state police leadership and others about locating and arresting the alleged whistleblower either in retaliation for what he disclosed, or to prevent him from testifying at the hearing the following day? I’d love to read through those text messages and emails. How much do you want to bet there are communications about yours truly? Maybe I’ll get to find out eventually.
One thing people have already asked me: did they need warrants to seize evidence from the senior state police staff? In general, I can answer that. I once had a case where we sued a sheriff for placing a GPS tracker on a deputy’s cruiser without a warrant, and then using that data to indict him on numerous felonies. The result in that case was that the federal court said that since the agency owned the cruiser, and the investigation was technically employment related, that no warrant was needed. I suspect the present situation would fall within those same parameters and therefore no warrant is necessary.
The state Department of Homeland Security is currently investigating the matter and is expected to conclude no later than April. If you have information you want to provide, you can find my contact information at thecivilrightslawyer.com, where I will also post links to the stories I discussed in this video.
This issue is important because the major problem with policing in America, in my opinion, is the lack of accountability. Here in West Virginia, when politicians, or judges, or lawyers get investigated and are found to have engaged in misconduct, that becomes public record. The public can see the reports; the conclusions. Law enforcement? Not so much. They have been able to successfully seal their employment records under the guise of employee privacy. In reality, they are our employees, and we should know about any substantiated misconduct.
The Michigan State Police has now criminally charged one of their own for physically detaining and abusing a man who was walking down the side of a road. According to the trooper’s own report, he accosted the man for not walking on the sidewalk, but instead walking along the edge of the public road. The man had committed no crime. When the trooper attempted to charge him with obstruction, the prosecutors refused to proceed.
On Sept. 4, 2022, Michigan State Trooper Paul Arrowood and his partner were on patrol when they encountered a male subject walking in the roadway on Webber Street near Julius Street in Saginaw, Michigan. Contact was made with the subject and the troopers attempted to physically detain him. Arrowood took the male subject to the ground, striking him with a closed fist multiple times, causing visible injuries.
Saginaw County District Judge Terry L. Clark on the afternoon of Friday, March 3, arraigned MSP Trooper Paul E. Arrowood, 43, on single counts of common law offense or misconduct in office and assault and battery. The former is a felony punishable by up to five years in prison and a $10,000 fine, while the latter is a misdemeanor punishable by up to 93 days in jail and a $500 fine.
“The actions of Tpr. Paul Arrowood fall outside of MSP policy and procedure and they constitute an unwarranted use of force,” stated Col. Joe Gasper, director of the MSP. “The members of the Michigan State Police are committed to treating everyone with dignity and respect, and we will tolerate no less. When we fall short of this standard, we will hold our members accountable.”
He is apparently on unpaid leave pending the results of the criminal case.
One of the excessive force cases we’ve been following just settled, and you may or may not be surprised at the settlement amount. This is the one in Kentucky where a man was arrested inside his parents’ home and was beaten – not terribly – but still beaten, by two Kentucky State Troopers. Then the dad goes to get his cell phone and starts filming. The troopers then took the phone and deleted the footage. Well, as sometimes happens, the parents had interior surveillance cameras that the cops did not know about. My buddy Chris Wiest files a lawsuit against them; puts them under oath at their depositions, and asks them about it. Both troopers denied striking the guy. Unfortunately for them, they had been caught on camera.
On April 9, 2020, Kentucky State Troopers James Cameron Wright, Thomas Czartorski, and a third trooper, Kevin Dreisbach, went to the Hornbacks’ home in Shepherdsville, Kentucky, to arrest 29-year-old Alex Hornback for a missed appearance in Jefferson District Court. Hornback’s mother and father met them at the door and led Wright and Czartorski to the basement, where their son was, while Dreisbach covered the rear of the house.
Czartorski and Wright testified in their January 2021 depositions that they had a relatively calm interaction with Hornback, despite taking him to the floor, and that they didn’t use any other force or strike him.The Hornbacks’ lawyer later released a home-security video contradicting the troopers’ statements. The video showed Wright grabbing Hornback around the neck and slinging him to the floor, though Hornback was not visibly resisting. The video also showed Czartorski striking Hornback four times on the legs with his flashlight. Wright hit Hornback twice in the back with his right forearm and appeared to have his left knee on Hornback’s neck, pushing his face into the floor. Hornback did not suffer any serious injuries.