Monongalia County Sheriff’s Deputy Lance Kuretza was indicted by the Feds as a result of this never-before-seen bodycam footage showing him suddenly confronting and arresting an innocent man, who was sleeping in a hotel room. I tried to get the footage over two years ago. Since then, he was acquitted by a federal jury in his criminal prosecution. Now he’s back to work as a deputy. But should he have a badge in light of this footage, showing what really happened that night?
The hatemail that jogged my memory about the incident:
Viral Twitter post about the indictment that first got people talking about it:
The US Attorney’s statement about the incident, from a radio show appearance (IIRC):
Here’s the press release by the DOJ about the indictment of Deputy Kuretza:
Photo taken by the police during arrest processing:
Monongalia County Sheriff’s Quote (recently retired now) about the trial result, commenting that he was “glad” the jurors came to the same conclusion he/his department had:
A media report about the trial, revealing shocking testimony from an EMT an unnamed deputy lied to her about the cause of Mr. Graciano’s injuries:
EMS was eventually called to the department and the jury heard from one of the emergency medical technicians (EMT) who responded to the call.
Camden Boggs, who worked as an EMT with Star City at the time, said a deputy in a black shirt told him Graziano “was drunk downtown starting fights and got beat up.” He could not say whether that deputy was Kuretza.
Boggs said a fight made sense because he initially saw blunt force trauma and at minimum a fracture to the nose or eye and at maximum a traumatic brain injury. He testified that Graziano’s right eye was so swollen, EMTs could not pry it open to evaluate his pupils for brain injuries.
Initially, Boggs said Graziano wanted to go to the hospital, but after being told by an unidentified deputy that by not going to the hospital he could see the magistrate sooner and go home sooner, Graziano then refused to go with the EMTs.
Fourth Circuit caselaw I referred to in the video regarding the 4th Amendment rights of hotel tenants is here. This is based on the US Supreme Court opinion from Stoner v. California.
The RAW footage, showing that not only did I not edit in a misleading way, I substantially censored the footage in order to comply with Youtube’s guidelines. The raw footage is much worse. Here is the full, unedited, footage from Lance Kuretza’s bodycam from January 18, 2018:
The full, unedited, uncensored, footage from Isaac Coe’s bodycam from January 18, 2018:
The full, unedited, uncensored, footage from Lance Kuretza’s bodycam during the arrest processing portion of January 20, 2018:
The full, unedited, uncensored, footage from Sgt. J.D. Alexander’s bodycam from January 20, 2018:
Here’s the full complaint from the civil lawsuit that was settled for $175,000:
Here’s a clip of Deputy Ethan Mongold encouraging Deputy Kuretza to give Mr. Graciano “the solution.”
Here’s the portion of the trial transcript (from above) that features Deputy Ethan Mongold testifying under oath to the jury that he admits that is indeed his voice that can be heard encouraging Kuretza to “give him the solution,” but unfortunately doesn’t remember saying it, and doesn’t remember why he would have said it – and also doesn’t know what “the solution” was.
A West Virginia Deputy has been indicted by the feds. It just hit the news a few days ago. I figured there must be body cam footage of the incident, so I sent a FOIA request to the employer. I was holding off on discussing the case until I saw the footage. I’ve now received a response, and you’re not going to like it. Here’s what we know right now. Monongalia County Sheriff’s Office Deputy Lance Kuretza has been indicted in federal court for a felony civil rights violation after allegedly punching and pepper spraying a handcuffed suspect, as well as for attempting to cover-it-up by filing a false police report.
The DOJ issued a press release. I went ahead and pulled the unsealed indictment off pacer. Unfortunately it doesn’t contain much in the way of details. I rightfully assumed there must be body cam footage. That has now been confirmed by the U.S. Attorney for the Northern District of West Virginia, who gave a media interview explaining that there was indeed body cam footage of this incident, and that it was key to their decision to indict the defendant officer. He gave some additional details that weren’t in the indictment:
“Once we saw the evidence and interviewed the witnesses we knew this case had to be charged.”
He also noted that the Monongalia County Prosecutor’s Office decided not to pursue state charges.
So, that means the body cam footage must be good – or rather, bad. In fact, he said, “The video really speaks for itself, there’s a lot of it and that’s why body cams are so important…” And if that’s the case, why did the state-level county prosecutor not file charges? That’s a rhetorical question, of course. As you’ll see, the county is now attempting to stop me from sharing this body cam footage with the public. They can give it to the feds, but not the citizens they represent.
As soon as I heard about the initial indictment, and saw the DOJ press release, I sent a FOIA request to the sheriff’s department. As of this morning, they responded, denying my request on the grounds that there’s a federal prosecution taking place. The problem is however, I didn’t FOIA the feds, but rather the county, who has decided not to prosecute. There’s an exception in our state FOIA statute where there’s still an open criminal investigation. But they don’t have one.
What’s happening here is that the county – Monongalia County Sheriff’s Office – is attempting to prevent the public from seeing the video, even though the U.S. Attorney prosecuting the federal indictment just discussed it on the radio. Here’s more of what he said:
Deputy Kuretza and six others responded to a disturbance at the Residence Inn Jan. 20, 2018. An investigation at the scene determined none of the suspects broke laws or would be arrested, but management asked they be escorted from the property.
As the group exited the floor, Kuretza ordered one of the guests to open the door to a nearby room where he found a man sleeping. Kuretza then allegedly began to shake the man and hit his feet to wake him up. When the guest explained he was sleeping, Kuretza threw him off the bed and beat him, investigators said. As the contact escalated, Kuretza restrained the guest as the six other officers were in the room.
“This particular victim had a flashlight in his face and thought it was his friends just messing around with him,” Ihlenfeld said. “It turned out it was a sheriff’s deputy and from there it really got out of control.”
Kuretza battered and used pepper spray on the victim while handcuffed. While the suspect was being taken out of the property Kuretza allegedly continued to use unnecessary force.
“The report that was filed after this did not indicate the pepper spray had been deployed after handcuffs were used, in fact it said pepper spray was deployed before handcuffs were used – which was not consistent with the video evidence we have.”
So I already responded to their denial of my FOIA request and am threatening to sue them for illegally denying my request. The public has a right to see this footage. The sheriff’s department can’t just suppress footage owned by the public. I will get the footage, and now I really want to see it. I pulled the actual indictment and I’ll post it up on the blog if you want to see it. Here’s what it charges:
The indictment contains two counts. The first is deprivation of rights under color of law. This alleges that Lance Kuretza, a Deputy Sheriff with the Monongalia County Sheriff’s Office, while acting under color of law, deprived the victim of his Fourth Amendment rights by engaging in an unreasonable, i.e., excessive, i.e., unnecessary and unjustified, use of force. Specifically, he punched the victim in the face, striking him, spraying him with pepper spray at a time after the victim had been handcuffed. It’s also alleged that he kneed the victim while escorting him. The indictment specifically alleges that this offense included the use of a dangerous weapon and resulted in bodily injury to the victim. Why was that last part alleged? As we’ve discussed before in these glorious cases, where those elements are present, the charge of deprivations under color of law transforms from a misdemeanor to a felony.
Count two alleges that, the following day, on January 21, 2018, Deputy Kuretza knowingly falsified and made a false entry in a record and document with the intent to impede, obstruct, and influence an investigation into his actions. Specifically, it alleges that Kuretza made false entries into a use of force report by falsely stating that he sprayed the victim with pepper spray before the victim was handcuffed, as well as by omitting that he sprayed the victim with pepper spray after the victim was handcuffed, and also omitting that he struck the victim after he was handcuffed.
If convicted, Kuretza faces up to 10 years in prison for the civil rights violation and up to 20 years in prison for falsifying the report.
There’s quite a bit of case law placing police officers on notice that it’s unreasonable excessive force to use tasers and pepper spray on handcuffed arrestees. The Fourth Amendment bars police officers from using excessive force to effectuate a seizure. Courts evaluate a claim of excessive force based on an “objective reasonableness” standard, taking into account “the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight. These are known as the Graham Factors. The Courts also look at the circumstances as of the moment force was deployed, with an eye toward the proportionality of the force in light of all the circumstances.
There’s already binding legal precedent in the Fourth Circuit, which is where West Virginia is located, that pepper spraying suspects in response to minimal, non-violent resistance is a Fourth Amendment violation. SeePark v. Shiflett (4th Circ. 2001). There’s quite a bit of case law denying correctional officers qualified immunity for using pepper spray unnecessarily, for the purpose of causing pain, or for retaliation, as well as for using it excessively.
There’s a big difference between pepper spraying an arrestee who is handcuffed and one who is not handcuffed. There’s also a difference between the use of pepper spray in a jail or prison context, and use against non-incarcerated individuals, where it’s much more likely to be considered excessive force by the Courts. Unfortunately, I can’t show you the body cam footage. But we now have confirmation that it exists. I may have to sue for it. But I’ll get it one way or the other. I’ll post the documents I have so far up on the blog at thecivilrightslawyer.com. I look forward to following this one and seeing what happens.
