Repeat offender: Recent Dunbar Police hire to investigate excessive force claims

While those remaining cases are being resolved in court, the city of Dunbar has hired a new employee it hopes will address issues within the department.

Several cases have been settled and several are still open. All are under review by the Dunbar Civil Service Commission.

Dunbar city officials provided the Gazette-Mail with copies of all documents referenced in this report.

Settled cases

Dunbar officers have been named in at least four lawsuits between June 2022 and July 2023, alleging excessive force and misconduct, including:

Robert Hensley

A separate report from the Dunbar Civil Service Commission examined the actions of Dunbar Police Officer Adam Mason and then-probationary patrolman Zachary Winters in the death of Robert Hensley following a high-speed motorcycle chase on June 19, 2021.

Officers attempted to stop Hensley over a bent license plate, a misdemeanor. He fled from police, reportedly exceeding 100 mph and driving left of center and around vehicular traffic in the 32-minute chase, which ended in a crash.

According to reports, Hensley’s death was ruled an accident. His injuries included a skull fracture, brain injuries, blunt chest trauma, a fractured forearm, and external and internal lacerations. The autopsy also found amphetamine, methamphetamine, fentanyl and norfentanyl in Hensley’s blood.

Rickey Baire

Rickey Baire, 38, filed a lawsuit claiming he was unlawfully stopped by Winters, now an officer, while riding his bicycle on June 6, 2022. Baire alleged that when he surrendered and was lying on the ground, Winters and Mason kicked him while shouting threats and profanities. The lawsuit claims he was detained for an extended period and was denied medical attention.

Baire was charged with obstruction of justice, riding a bicycle on the sidewalk, and simple possession. He pled guilty to the simple possession and obstruction charges, according to his attorneys.

Upon his release, he sought treatment at WVU Medicine Thomas Memorial Hospital, where he was diagnosed with rib fractures.

Michael Scott Jr.

Winters and Mason were named in another lawsuit stemming from an incident that occurred just weeks after Baire’s alleged assault. According to that suit, the officers used excessive force in the death of Michael Scott Jr. on July 24, 2022.

Body camera and police department surveillance footage captured much of the incident, which occurred July 22, 2022. Scott was arrested on a misdemeanor trespassing charge, but the lawsuit alleged Winters slammed Scott’s head into the pavement during the arrest. While in the patrol car, Scott repeatedly complained of head pain, but Winters refused to take him to the hospital, according to the lawsuit. Hours later, Scott was finally taken to ÂÒÂ×ÄÚÉä Area Medical Center, where he was treated for a fractured skull, brain bleeding and swelling. He later died from his injuries.

After nearly a year of legal battles, the city settled with his family for $2 million in August 2023.

Open cases

There are still two open federal cases facing the city. Both plaintiffs are represented by Forbes and Dante’ diTrapano. Both cases will be heard by Judge Joseph R. Goodwin in the Southern District of West Virginia.

Anthony Reese

On Dec. 3, 2022, Anthony Reese visited the Dunbar Police Department after receiving a call about a book he left there. He also intended to discuss with Winters alleged prior harassment by Officer Todd Hannah and other Dunbar officers. After arriving at the station, Reese allegedly was assaulted by Hannah and others.

The lawsuit claims:

• Hannah turned off his body camera.
• Security cameras in the station continued recording as Hannah radioed for backup and pursued Reese.
• Security footage shows six additional officers, including Winters, assaulting Reese after Hannah threw him to the ground and struck him.
• Reese was taken to Thomas Memorial Hospital for blunt force trauma to his head, body and legs.
• After, he was transported to South Central Regional Jail, where he spent three days in the medical unit for his injuries.
• The lawsuit also alleges Hannah’s report of the incident contained falsities.

According to his attorneys, Reese was charged with assault, obstructing justice and public intoxication. He pled guilty to one count of assault, but the attorney contends there were no substances in Reese’s system when he was arrested.

Anthony Coleman

A lawsuit filed on July 19, 2023, alleges Dunbar officers beat Anthony Coleman during a traffic stop and attacked him with a K-9.

According to the complaint, former Police Chief Brian Oxley pulled Coleman over at around 1 a.m. on 10th Street in Dunbar. When Coleman refused to exit the vehicle, Officer Chris Kendall arrived and reached through the window, grabbing Coleman’s arm and threatening him.

The lawsuit alleges:

• Kendall put Coleman in a chokehold and cut his seatbelt with a knife.
• Officer Chad Shafer then arrived with K-9 Molly, which attacked Coleman’s leg while he was still in the vehicle.
• Officers pulled Coleman from the car and threw him to the ground while the K-9 continued to bite him.
• Kendall struck Coleman in the head with a flashlight and pounded his head on the pavement.
• Medics struggled to remove Coleman from the police cruiser due to his injuries. n An officer falsely told Coleman he was under arrest for “murder.â€�

Coleman was charged with DUI, obstructing an officer and battery on a government employee. All charges were later dismissed.

Pleading the Fifth

After news of the $100,000 settlement with Baire broke at Dunbar’s Jan. 21 city council meeting, Baire’s attorneys — Forbes and diTrapano — said officers with these types of accusations, especially repeated accusations, do not typically remain on the force.

“There has been issue after issue in Dunbar and this is unfortunately only one in a pattern of problems. However, as each case brings attention to the City the hope is that things get better and no one else has their Constitutional rights infringed at the hands of the police. When brave citizens who have their rights violated stand up and demand accountability, they make the world safer for all of us,� diTrapano said.

The pair also represented Reese and the family of Scott Jr.

In a deposition for Reese’s case on Nov. 20, Forbes questioned Winters for five hours, during which time the officer continuously invoked his Fifth Amendment right against self-incrimination.

Reese’s case and the Coleman case are still open.

Civil Service Commission weighs in

Dunbar’s Civil Service Commission is comprised of three members who are appointed by the mayor and confirmed by the city council. They are unpaid, and members of the Dunbar community. No more than two members can be of the same political party. Each serve three-year terms.

Currently serving are:

• Mark McMillan, an attorney
• Christopher Moyers, a former employee of the Kanawha County Sheriff’s Office
• Doug Robinson, a Dunbar resident

Members advise the mayor, city council and the personnel director on matters concerning personnel, including training programs and appeals from classified employees who are faced with suspension or termination.

In its report, released in December, the Dunbar Civil Service Commission raised several concerns regarding Scott’s case, including:

• Unjustified use of force: Scott, who was 5-foot-2 and weighed 116 pounds, posed little threat, yet Winters allegedly slammed him to the ground despite no clear resistance.
• Inconsistent reports: Winters told nurses he “placedâ€� Scott on the ground, while Mason later admitted he saw Winters slam him. Winters allegedly joked with jail staff that he had “suplexedâ€� Scott, referring to a professional wrestling move where the victim is hurled over the aggressor’s shoulders and slammed onto the ground.
• Failure to provide medical aid: Scott repeatedly complained of head pain, but Winters allegedly refused him medical attention.
• Lack of documentation: Required injury photographs were either not taken or not submitted.

Scott’s autopsy ruled his death a homicide, and the commission concluded Winters’ use of force was “substantially more severe� than necessary.

There were also noted differences between the Commission’s report and the department’s internal investigation, including the necessity of the force used.

The Hensley report

The Civil Service Commission also released a report on Hensley’s death. That report alleges:

• Officers failed to render aid after the crash, instead rolling Hensley over and handcuffing him.
• The pursuit violated department policy, which discourages high-risk chases for minor infractions.
• Mason encouraged Winters to pursue Hensley, possibly contributing to the crash.
• Officers made inappropriate comments about Hensley’s death, including remarks about an officer’s “first kill.â€�

Following the lawsuit, the city settled for $300,000.

Changes coming?

According to Dunbar Mayor Scott Elliott, at the time these lawsuits occurred, he received no complaints about individual officers. But he said he wanted an investigation done when he heard about the department’s issues.

Elliott, who previously served 22 years as a Dunbar police officer, said it’s important to have trust in the police department.

“When I first started asking [the police chief and captain] for the records, it was denied, denied, denied. You can’t tell me — if a gentleman died in a police action — there’s ... no issues at all. I was told the only thing that was done in one of the cases was one of them forgot to turn their bodycam on,� Elliott said.

After three years as chief, Oxley resigned in August 2024 for “personal reasons.�

John Garten, 52, was hired as chief of the Dunbar Police Department in October. He worked his way up in the ÂÒÂ×ÄÚÉä Police Department over 29 years, eventually becoming the Community Policing bureau chief.

Elliott said he and Garten have prioritized creating and implementing a deputy police chief position. Brian Griggs, also formerly of CPD, was sworn in to fill that role during the Feb. 3 city council meeting.

Garten praised Griggs’ knowledge, experience and attitude toward law enforcement and said he feels he’s a good leader and mentor. Elliott agreed, noting Griggs was initially considered for the chief position, which went to Garten.

“Given the current state of the city police department, we felt it would be better to bring in a deputy chief from outside, with no ties to Dunbar, to be able to conduct a fair and partial investigation into all these cases,� said Elliott. “He was a captain for 30 years and never got wrote up.�

No criminal action has been taken against the Dunbar officers. Griggs will now be tasked with investigating if they violated department policies and procedures in the Hensley, Reese, Baire and Scott cases, among others.

He will submit a recommendation to the chief, who will then submit a recommendation to the mayor, on whether these officers should receive departmental discipline, including being suspended with or without pay, being retrained, or fired. Those officers may appeal any decision and receive a hearing.

Garten said he is willing to terminate an employee, if necessary.