Susan Mitter, a deputy; and William Helmick and Karen Helmick, a Terra Alta couple, were also named as defendants in the suit.
On Aug. 2, 2014, Dustie Bolyard, upon arriving at the residence she shared with her daughter’s father, Eric Helmick, was paid a visit by William Helmick and Karen Helmick, who were in the driveway, awaiting Bolyard’s arrival, according to a complaint filed July 27 in Preston Circuit Court.
Bolyard claims they asked to be allowed in the residence, which was allowed, but then proceeded to confront her with intimidation, threats and, ultimately, physical violence.
During the alternation, William Helmick violently seized Bolyard’s phone and threw it down, breaking it, according to the suit.
Bolyard claims despite asking them to leave, they refused and continued blocking her exit and, after the physical assault and battery, Bolyard, fearing for her safety, sough exit from the residence out a side deck door, leaking off of the porch to the ground below, and proceeded to her car and began getting in when she was again confronted by William Helmick, who grabbed her and forcibly yanked her from the car and threw her to the ground.
All of these assaults, batteries and affronts committed outside of the residence were witnessed by Bolyard’s 3-year-old daughter, who was severely emotionally traumatized, according to the suit.
Bolyard claims she struggled to free herself and then ran to a neighbor’s residence, where she called 911 and Mitter was dispatched to investigate the call and appeared and questioned Bolyard concerning the incidents.
Mitter aressed Bolyard in a crass, rude and disrespectful manner, particularly considering that she had just been a victim of an assault and battery and at one point called her a drama queen, according to the suit.
Bolyard claims she inquired about filing a DVPO and/or a TRO, and Mitter retorted that Bolyard could not get any type of restraining order because she did not believe her account of events.
To the contrary, Bolyard was legally required to request such a restraining order within a narrow timeframe following the events and ultimately did so, later on that same date, despite Mitter’s averments.
On Aug. 4, 2014, Bolyard went to the Preston County Sheriff’s Department to formally complain about Mitter and the treatment she received, according to the suit. On Aug. 11, 2014, her petition for a protective order against William Helmick was brought on before the Family Court for a substantive hearing and her petition was granted.
Bolyard claims she then contacted the Sheriff’s Department to have criminal charges brought against William Helmick and on Aug. 14, 2014, acting with malicious purpose, in bad faith and/or in a wanton or reckless manner, Mitter swore out a criminal complaint against Bolyard for alleged battery against William Helmick.
The criminal complaint was later dismissed, according to the suit.
Bolyard is seeking compensatory and punitive damages with pre- and post-judgment interest. She is being represented by William S. Adams of Adams Legal Group PLLC.
Preston Circuit Court case number: 16-C-139