| By Bob Weaver
An out of court settlement has been reached in a $5 million lawsuit brought by an Ivydale, Clay County resident
against the West Virginia State Police.
The amount of the settlement has yet to be released.
Calvin "Bob" Thorne, 75, of Ivydale sought compensatory damages, claiming he was knocked off his porch by a State Trooper and the officer "stomped on his face about thirty times."
State Police claim Thorne fell off the porch.
A number of State Police officers had gone to Thorne's house during the early morning hours of April 3, 1999, after obtaining a search warrant based on suspicion he had been selling methamphetamine or other illegal drugs, according to court records.
Thorne, who was 71 at the time, is hard of hearing. He was awakened from sleep after police knocked his door open. Thorne then began to shoot a .22 caliber pistol at the "intruders." State Police exited the house, after which the naked Thorne went to the front porch and continued to fire the weapon. He claimed he shot over their heads, until he recognized officers were present.
Thorne was taken into custody after officers found bags of white powder in his kitchen. The court records said police forgot to take the bags of the substance from Thorne's porch, and returned later to pick-up the evidence, which Thorne says was corn starch.
Family sources claimed a dog ate the evidence.
No drug charges were filed against Thorne, but he was charged with wanton endangerment.
Clay Prosecutor Jeff Davis declined to present the case for indictment, but State Police apparently pursued the matter and a Grand Jury brought an indictment on wanton endangerment.
Family members reportedly claimed Thorne was denied medical treatment while he was being questioned, which became part of the suit. Officers said Thorne did not want medical treatment, although he appeared to be seriously injured with at least one fracture.
Police confiscated video tapes which allegedly showed "partying" in Thorne's house.
The suit was brought against officer Wiles, Bailey, Arthur, Crane and three John Does, by attorney Christopher Smith of Charleston. The West Virginia State Police was represented by Steptoe and Johnson.
The documentation on the case is eight inches high.
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