Two Kanawha County residents are suing the city of Dunbar to release body-worn camera footage of misdemeanor arrests that allegedly resulted in injuries.
Dunbar Mayor Scott Elliott has said the city attorney is working to set a hearing date in the case to determine whether or not the footage should be released.
FOIA request
The lawsuit, filed last week in circuit court, states Roger McKinney and Jessica Carter were arrested in Dunbar on misdemeanor charges last August and December respectively. Allegedly, arresting officers injured both McKinney and Carter.
In January, attorneys Dante diTrapano and Jesse Forbes requested the camera footage of both arrests. The city declined, saying “the hearing in this matter is ongoing.â€
According to Dunbar’s municipal court office, both McKinney and Carter have a court hearing scheduled for Feb. 27.
State law says public records “that deal with the detection and investigation of crime†are exempt from release, but diTrapano and Forbes argue there is no continuing investigation of the accusations, and therefore reason, for their request to be declined.
“The City of Dunbar has made clear that the misdemeanor charges are not part of any ongoing investigation and instead they argued they were exempt from disclosure because the criminal hearing process had not been completed in Court,†the lawsuit says. “There is no such exemption.â€
‘Nothing to hide’
Reached on Thursday, Dunbar mayor Elliott told the Gazette-Mail he had “nothing to hide†and would release the footage as soon as he received permission from the city’s insurance company. According to Elliott, the city attorney felt the records are needed to remain unreleased while the matter was under investigation.
On Monday, Elliott said the city attorney is working to set up a hearing date so a judge can decide whether it should be released or not.
“I’m looking forward to releasing [the footage],†he said.
Other lawsuits
Attorneys for Carter and McKinney pointed out that the Dunbar Police Department has had recent legal issues. Last summer, the family of Michael Scott Jr. received a $2 million settlement in a federal case against the city and two police officers.
Scott died after an officer fractured his skull during a misdemeanor arrest. Attorneys for Scott’s family alleged that he was denied prompt medical attention.
Last December, another excessive-force lawsuit was filed against the police department. The lawsuit alleges Anthony Reese was attacked by several officers at the Dunbar Police Department in December 2022.
DiTrapano and Forbes are also the attorneys on the Scott and Reese lawsuits.
“This information and footage [in the McKinney and Carter lawsuit] should have been immediately released. The public has a right to see it and judge for itself,†diTrapano said in a statement. “It’s unfortunate our clients were forced to file a civil action to enforce their rights when Dunbar could have and should have easily complied with the FOIA laws.â€
CLICK HERE to follow the ÂÒÂ×ÄÚÉä Gazette-Mail and receive
