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By Bob Weaver
A Kanawha County man, Dale E. Stotler has brought a civil suit against
two West Virginia
state troopers. He claims Troopers Thomas Yanero and M. Scott Collins
used excessive
force in a February, 2000 arrest, during which he was charged with
fleeing from an officer
while under the influence of alcohol. The arrest was made after the
policemen made a
seven-mile slow pursuit chase through Gandeeville in Roane County,
with Stotler refusing to
stop.
The suit, filed in Kanawha County last week, calls for one million
dollars in damages for
assault and battery. The document claims the assault was willful,
unlawful and intentional
and happened after Stotler was handcuffed and face-down on the
ground.
A police video cam recorded some of the incident. A trooper is heard
to say to Stotler, "You
a tough guy?" as Stotler is handcuffed on the ground. He replies "I
guess not." Spencer
attorney Oscar Hines says it is after this exchange the altercation
happens.
Attorney Hines, who says "I believe my client," secured a copy of the
tape from the State
Police. He says he has serious concerns about the audio on the tape
and how it was
controlled. "Much of the tape contains static and then there is an
ominous silence," he said.
The suit contends Trooper Yanero has had prior disciplinary and
criminal actions brought
against him for excessive force, including an indictment by a Calhoun
County Grand Jury in
January, 2000. He was charged with battery against 17-year-old Jason
Stump of Grantsville.
The indictment was dropped because of a statue of limitations.
Stotler's suit claims he was lying face down, his hands handcuffed
behind his back, when
the troopers began to physically assault him, with one grinding a knee
into his ear and
smashing his head repeatedly into the ground. He says they became
angry and began to yell
at him, although he was not provoking them.
He claims injuries to face, head, neck and shoulders and left hand,
all of which required
medical care. The police report said he received a small laceration on
the head.
Stotler will be appearing before the Roane County Circuit Court on
March 12 related to the
criminal charges. He has a previous record of DUI related arrests.
The Board of Risk has paid out $9 million in lawsuits since 1994 filed
against the West
Virginia State Police, mostly settlements for brutality cases. The
insurance agency is
raising premiums paid by the police. Delegate Larry Faircloth is
maintaining the "blue on
blue" disciplinary system does not work and is again calling for a
civilian review board.
A request for minimal statistical information, the number of
disciplinary cases brought
against local troopers, was denied after a Freedom of Information
request was submitted by
The Hur Herald. They suggested bringing a lawsuit against them to
provide that
information.
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