Update: WV Traffic Stop Judge Recommended For Suspension

In November of last year I posted a video showing a West Virginia judge flipping out at a traffic stop in Moorefield, West Virginia. In response to a stop he admitted was justified, he nevertheless pulled rank on a young police officer, immediately identifying himself as a judge, getting his supervisor on the phone, and later trying to get him fired, including threatening judicial retaliation against that department. Here’s that video:

I first exclusively obtained the body cam footage via a FOIA request from that police department. Well, now that judge is facing suspension, according to an order that was issued late last week. As explained in my first video on this, Judge Carter Williams was charged with multiple disciplinary violations. Then, in February of this year, I published yet another video about Judge Williams being in trouble again, over allegations that he kept leaving Walmart without paying for his merchandise. I also published a lengthy blog post about it. Here’s the Walmart video:

Since Judge Williams contested the matter, as he’s entitled to do, on June 14 a contested hearing was held before West Virginia’s Judicial Hearing Board over the course of three days. On September 19, the Judicial Hearing Board held a meeting to discuss the evidence presented, and on September 22, they issued an order finding that numerous judicial ethics rules were violated and recommending specific discipline to the West Virginia Supreme Court. Here’s the order:

The Judicial Hearing Board actually hit the nail pretty much on the head when it wrote in the order:

“There is clear and convincing evidence that the Respondent engaged in conduct that was prejudicial to the administration of justice by being unnecessarily belligerent to the traffic officer, by contacting the traffic officer’s supervisor in a manner suggesting he wanted special treatment and punishment for the traffic officer, by contacting the police chief, former police chief, and mayor in a manner suggesting he wanted special treatment, punishment for the traffic officer, and that his rulings in future cases might be influenced by his traffic stop and the action or inaction taken by police officials in response to his complaints against the officer, and by contacting the prosecuting attorney regarding this same subject matter.”

They recommended that Judge Williams be suspended for a period of one year, with all but three months of that suspension be stayed, pending “supervised probation.” Sounds familiar I’d say. So in effect, a three month suspension, without pay, but the possibility of up to a year with bad behavior. Additionally, they recommended a $5,000 fine, as well as reimbursement of $11,129.06 for costs. So we’ll have to wait to see what the West Virginia Supreme Court does with it. Also, I take it this did not include the Walmart allegations, which are still pending as far as I can tell. 

“White Male or Black Male?” | Cops Assume Citizens on Porch Are Criminals – Part 2 Body Cam

Here is part 2 of the body cam footage from the arrest of Jason Tartt by Deputy Dalton Martin of the McDowell County, West Virginia Sheriff’s Department. The part 1 video and lawsuit is posted here.

Police Harass Innocent Citizens on Their Porch – Lawsuit Filed Today

What you’re about to see here is outrageous body cam footage that has never before been seen by anyone, other than law enforcement. It shows what happened to my clients, Jason Tartt, the property owner and landlord, as well as Donnie and Ventriss Hairston, his innocent and mistreated tenants, on August 7, 2020, when they were subjected to civil rights violations by two deputies with the McDowell County Sheriff’s Office, Dalton Martin and Jordan Horn. 

Today we filed a federal civil rights lawsuit, which is posted below. But you can watch the footage for yourself. Before the body cams were turned on, what you need to know is that there was a complaint received that an abandoned church, in an overgrown parcel of land not owned by any of these individuals, apparently had four marijuana plants growing there, among the thick brush. Crime of the century, right? The perpetrators must be one of the elderly African American residents nearby, of course. Instead of treating them as human beings, let’s accuse them first thing, then mistreat, harass, and retaliate against, them if they dare to get uppity, or not know their place. 

Donnie and Ventriss Hairston were sitting on the front porch of their rural home, when two deputies approached and began to harass and intimidate them. Their landlord, who lives next door, joined them shortly afterwards and began to ask questions. When they asserted their opinions and rights, retaliation ensued. The landlord, Jason Tartt, was seized and arrested. The Hairstons were shoved into their home against their will. This is never before seen footage, outside of law enforcement of course. Take a look and form your own opinion about what happened.

Here’s the footage:

Here’s the lawsuit:

Stay tuned for updates….

Cop Sues Partner for Excessive Force For Missing the Suspect and Hitting Her

On the morning of July 20, 2020, rookie Cleveland Police Officer Bailey Gannon shot his partner. Screaming as he fled in panic down a flight of stairs from a man who was neither chasing nor threatening him, Gannon pointed his gun over his head—in the opposite direction he was running— and began firing blindly behind him. One of his bullets hit his partner, whom he had just run right past. 

That was the opening paragraph in a federal civil rights lawsuit just filed by Cleveland police officer, Jennifer Kilnapp, against her former partner, as well as the City of Cleveland. So this is a police shooting case – an excessive force case – from one cop against another cop. Can a police officer, who is unintentionally shot by another police officer, sue the government for a civil rights violation? Unfortunately, I can answer that one. But first, here’s a portion of the body cam footage. 

The bullet that struck Officer Jennifer Kilnapp ended up lodging in her spine. Investigators almost immediately concluded that it was probably Officer Gannon who had shot his partner. Despite that knowledge, the Cleveland Division of Police and Cuyahoga County Prosecutor’s Office instead charged the suspect, Darryl Borden, with attempted murder, falsely claiming that he shot Kilnapp. These charges would be quietly dropped almost a year later. He still went to prison though. More on that in a minute.

Investigators determined that Officer Gannon lied about the shooting. Despite this, he received no discipline for lying, much less for shooting his partner. Unbelievably, three months after the shooting, the City rated Officer Gannon’s overall performance as “exceeding expectations,” referring to shooting his partner as merely a “minor setback.” This probably has nothing to do with the fact that Gannon’s father is a sergeant with the Cleveland Division of Police. Remember, Officer Gannon was a rookie cop. He entered field patrol as an officer in January of 2020. He shot his partner on July 20, 2020. Before the first year was even out, he was “exceeding expectations.” 

In the early hours of July 20, 2020, Kilnapp and Gannon responded to a call on the east side of Cleveland alleging there was an emotionally disturbed man with a gun on the second floor of the boarding home he was staying in. There had been no report of the man shooting at anyone or otherwise being physically violent. Now this is according to the allegations in the lawsuit. The information released publicly at the time by the prosecutor’s office, was that the man had shot through the floor at the 911 caller prior to the law enforcement arrival. Perhaps that was false, which wouldn’t be surprising given everything else we now know about this story. 

After learning the man, Darryl Borden, was in a second-floor bathroom, the two officers went upstairs to the hallway. Gannon then took the lead and stood offset from the bathroom door with Kilnapp in a position a few feet behind him. The staircase was between Gannon and Kilnapp. Gannon did not knock and announce their presence as police officers. Gannon did not ask Borden to come out of the bathroom. Still in the bathroom, Borden made no threatening statements to the officers, or in their presence. The lawsuit alleges that, rather than taking other steps, such as deescalation, withdrawing and establishing a perimeter, attempting surveillance of the bathroom, waiting for Borden to come out, or calling for backup or other assistance, Gannon instead decided to open the bathroom door. 

According to the lawsuit’s allegations, when Gannon opened the door, Borden was standing there, apparently holding a firearm pointed downwards, at his side in one hand. Borden took no steps towards Gannon, nor made any other threatening gestures or statements. Gannon did not order Borden to drop his weapon. He didn’t order him to do anything. Instead, he panicked, spun back out of the doorway, out of sight of Borden. Borden still took no action. 

Officer Gannon then ran away, towards the stairs. Borden didn’t follow him, or even flee, but rather stayed in the bathroom. Officer Kilnapp, Borden’s partner, was standing near the top of the stairs. Gannon bolted down the stairs, screaming as he fled. As he ran, Gannon pointed his gun over his head behind him, in the opposite direction as he was running, and began shooting blindly behind him. One of these bullets hit Kilnapp as she stood near the top of the stairs. Gannon’s body camera footage shows him running away while Kilnapp yells after him, “I’m shot. I’m shot. Don’t leave me.”

EMS rushed Officer Kilnapp to the hospital. Two weeks later, surgeons were able to remove the bullet fragment near her spine. Kilnapp filed the lawsuit on July 13, 2022, which discloses that Gannon never apologized to his partner for shooting her.

The investigation team created several diagrams showing the bullet trajectory that injured Kilnapp.  This diagram is an overhead view of the staircase, hallway and bathroom. This shows that one of Gannon’s bullets, marked by a yellow line, was fired through the bathroom wall near the top of the staircase on a slight downward angle, meaning that he must have been holding his gun above his head when he fired, as he was running away. 

This diagram shows Officer Kilnapp’s approximate vantage point when Gannon began shooting, as well as the path of Borden’s bullets when he reacted to Gannon opening fire. This shows the investigators’ conclusion that no bullets fired by Borden traveled in the direction of Officer Kilnapp.

Gannon initially claimed to investigators that when he opened the door, Borden was holding a gun in two hands and pointing it at the door. The lawsuit alleges that Gannon’s body cam footage shows his claim to be a lie, and that instead, it records Gannon admitting that he might have shot his partner. The investigation also revealed that Borden didn’t fire any shots until after Gannon began running down the staircase and shooting towards the bathroom. 

Actually, if you look at a still-shot of the moment the body cam footage shows the bathroom door open, you can see that Borden’s left arm is pointed away from Gannon. Therefore it was clearly false to claim that both of Borden’s hands were pointed towards the door. To be honest though, I can’t make out what’s going on with the rest of Borden’s body.

Despite having evidence that it was Gannon who shot Kilnapp, a July 31, 2020 press release from the Cuyahoga County Prosecutor’s Office claimed that Borden “fired multiple shots at officers striking Officer Kilnapp.” Those charges would be dismissed around a year later. 

So, what ended up happening to Mr. Borden? He was given a seven to ten year prison term by a Cuyahoga County judge for attempted felonious assault of a police officer and using a gun in the crime. In September of 2021, a federal judge tacked on another five years of incarceration for federal firearms related charges, as he was a felon in possession of a firearm in the first place. 

Ironically, in March of 2021, the CDP suspended Officer Kilnapp for her involvement in the incident, on the grounds that she forgot to turn on her body camera before entering the house on the night of the shooting. To the contrary, the CDP took no disciplinary action against Gannon for shooting blindly through a wall while running away from a suspect and shooting his partner in the process.

Let’s take a look at the complaint’s legal theories. Here’s the full complaint:

The lawsuit alleges a direct excessive force Fourth Amendment violation by Officer Gannon, as well as supervisory and municipal violations by the City of Cleveland, alleging the existence of an unconstitutional policy of excessive force and training. 

A similar incident actually happened in West Virginia back in 2009, and I was involved in some of the litigation. It was a tragic case. There was a vehicle pursuit that ended in multiple police officers surrounding the suspect’s vehicle, with the suspect still at the wheel. Several officers began firing at the driver. One of the bullets ended up hitting and killing a Charleston Police Department officer accidentally – or rather negligently. The officer’s widow sued, which was ultimately unsuccessful. Why? 

“The Fourth Amendment protects ‘[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.’…” “In order to be ‘seized’ within the meaning of the Fourth Amendment, one must have been the intended object of physical restraint by a state actor.” 

The U.S. Supreme Court has held that, “‘the Fourth Amendment’s specific protection against unreasonable seizures of the person does not, by definition, extend to unintentionally injured ‘bystanders.” (Brower v. County of Inyo 1989; see also Rucker v. Hartford County 4th Cir. 1991). In the Charleston Police Department case, which was Jones v. City of Charleston, from 2012, the Court held that since the colleague police officer wasn’t intentionally shot by the police officer who had fired at a suspect, that no Fourth Amendment seizure could occur. In other words, even a negligent use of a firearm by a police officer can fall short of being legally considered excessive force, assuming the victim was unintentionally shot by the police officer.

As the Judge in that case wrote in the opinion:

Whether it was appropriate for Officer Burford to discharge his weapon without accounting for the location of a fellow officer, and whether his actions in doing so may have been negligent or even reckless are questions that are not before the court. The plaintiff has only alleged violations of the Fourth and Fourteenth Amendments. Because it is undisputed that Officer Burford did not intend to shoot Officer Jones, the Fourth Amendment is not implicated.

Now there could be other theories of potential liability, which is probably the best hope for Officer Kilnapp in this case, as the Judge alluded to in the Jones case. There could be state law claims based on a negligence or recklessness standard. However, it doesn’t appear that any were alleged in the lawsuit. There may be some meat to the argument that Officer Gannon’s actions that day were attributable to training and supervisory issues. It would be probably be a stretch to attribute it to the CPD’s overall use of force policy issues, since Gannon obviously wasn’t following any sane policy if he was running away, shooting blindly behind him through a solid wall. 

Sadly, unless the case settles, I don’t see a realistic path to liability. But I hope I’m wrong, because there should be accountability for someone being wrongfully shot by another individual, police officer or not.

“Hammered” Drunk Police Chief Gets Ride Home and a “Talk” Instead of DUI

Hazelwood, Missouri Police Chief Greg Hall, who had been with his department for 43 years, and who was chair of the St. Louis Area Police Chief’s Association in 2019, was pulled over by another police agency on May 28 for a traffic stop. He was “hammered drunk.” Was he carted off to the jail like you or I would have been? No. He was personally driven home by the police chief of that agency instead. But don’t worry, the colleague police chief promised that, “he and I are going to have a long talk on the way home.” By the way, Chief Hall made $118,000.00 last year. A few days after the traffic stop, he retired. As of an investigative report by the St. Louis Post-Dispatch yesterday, July 14, they confirmed that Chief Hall had not even been charged as of yet. Remember, the stop was on May 28.

O’Fallon Police Department Officer Nathan Dye initiates a traffic stop on a vehicle he later describes as “dodging sniper fire,” referring to excessive weaving on the road. The driver, almost from the very beginning, identifies himself as a the chief of police in Hazelwood. Obviously aware that the body cam is rolling, Officer Dye apologetically initiates field sobriety tests. Chief Hall fails them. Next is the breathalyzer, which results in the chief blowing more than 2 and a half times the legal limit.

Officer Dye’s supervisor arrives. He’s brought up to speed on what’s happened. His first question is whether the stop had been recorded on body cam. The supervisor then expresses disappointment that Officer Dye was recording. “Yeah this is a tough day and age, man, you know, when you have, uh, they insist on all these electronic things and technology,” the sergeant says.

Then O’Fallon Police Department Chief Neske arrives, after being contacted off-camera by Officer Dye and his supervisor. The camera was turned off just before Chief Neske arrived. But another video showed what happened. 

So what happened here, is that some animals are more equal than others. This is government corruption. Never forget that police officers are first and foremost, government employees. Agents of your government. They will protect each other. They will utilize protections they have built into the system. However, they will not extend any of those protections to you, the peasant. The only way to root out this cancerous corruption is through public exposure – through video footage and media exposure. Then to a lesser extent, through lawsuits and rare criminal prosecutions. There’s also politics. But that has consistently failed us, and indeed created this problem in the first place. 

We saw this illustrated in this video footage. The younger officer, Officer Dye, who made the traffic stop, obviously wants to do the right thing and is making an effort to do the right thing. But look what he’s dealing with. His supervisor, who has clearly been around the block a few times, knows exactly what he’s doing. Question number one: is there video footage. If you wondering whether justice is served by recording as much video footage as possible of our police officers, there’s your answer. It absolutely is. It keeps them honest, when they wouldn’t otherwise be. That’s your government that wants to sneak around and lie to you. But they can’t when they’re caught on video, as here. Then, as if to one-up the wily-old supervisor, the chief himself shows up to the scene, and just bypasses the middleman. He takes the suspect straight out of detainment, and takes him home. But don’t worry…. He’s going to give him a stern talking-to on the way home. 

Is this new? No, it’s been happening since the days of Julius Caesar. Government is going to government. That’s what it does. The trick is establishing accountability through public exposure.

Remember, in every interaction between a citizen and a police officer, don’t forget that it’s really an interaction between a citizen and his government. Never forget that, and you won’t have to learn that lesson the hard way.

Investigative Report by the St. Louis Post-Dispatch and link to full video.

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:

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: