Case involving attorney charged with DUI continued

By Lawrence Smith | Sep 27, 2007


CHARLESTON – The criminal trial of a Charleston attorney charged with driving under the influence and related moving violations has been postponed while his attorneys gather evidence in the case, including allegations of police brutality.

On Sept. 19, Roger A. Wolfe, an attorney with the Charleston law firm of Jackson Kelly, was scheduled to tried in Kanawha Magistrate Court on charges of DUI, improper lane change, failing to obey a traffic light and obstructing a police officer. According to court records, he was charged with these offenses on June 17 after West Virginia State Police Senior Trooper P.A. Green pulled him over for a routine traffic stop.

However, Wolfe's attorney, Benjamin Bailey, with the Charleston law firm of Bailey and Glasser, made a motion to Magistrate Carol Fouty, that Wolfe be allowed to have a jury trial, and the case be postponed while they conduct discovery. Fouty granted Bailey's request, and continued the case for another 90 days.

According to court records, Green stopped Wolfe shortly after midnight on June 17. In his report, Green said he noticed a blue Jeep with the license plate "WOOF" driving erratically down Quarrier Street by the Kanawha County Judicial Annex and Charleston Town Center Mall.

Wolfe, Green said in his report, nearly struck another vehicle in the rear. In avoiding the vehicle, Green said Wolf ran through a red light.

After stopping Wolfe for running the red light, Green said he could "detect the odor of an alcoholic beverage coming from the accused," and he "had blood shot eyes and had a hard time keeping eye contact."

Upon asking him to exit the vehicle, Green said Wolf "almost fell to the ground and had a hard time standing."

After that, Green said he asked Wolfe if he had any weapons in his car. After Wolfe informed him he had a 9mm handgun, Greene moved Wolfe to the rear of Jeep when Wolfe attempted to retrieve the firearm from the floorboard of his car.

While in the course of administering a field sobriety test, Greene said Wolfe "repeatedly became belligerent, cursing and making inappropriate comments toward this officer." Shortly afterward, Green placed Wolf under arrest.

According to the Charleston Gazette, Wolf was then taken to State Police headquarters in South Charleston. Bailey alleges Wolfe was not administered a Breathalyzer test, and he was beaten by one or more troopers for reasons unknown.

It is not clear who beat him, but his booking photo taken at the South Central Regional Jail shows Wolfe with multiple bruises on his face. Bailey alleges the beating Wolfe took was so severe cranial fluid leaked out his nose, and he was hospitalized with facial and cranial fractures for nearly a week.

Kanawha Magistrate Court Case No. 07-M-7896-7899

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