West Virginia Record

Monday, December 9, 2019

Plaintiff claims State Police caused death by excessive force, then created false narrative


By Jenie Mallari-Torres | Mar 6, 2019


CHARLESTON — An estate administrator is suing the State Police and three officers after a fatal shooting.

Christopher Giberson, administrator of the estate of Daniel Scott Giberson, filed a complaint in Kanawha Circuit Court against the West Virginia State Police and Officers James Coburn, R.A. Maddy and John Doe, alleging they attempted to conceal misconduct.

According to the complaint, on Jan. 7, 2017, Daniel Giberson and his passenger were involved in an automobile pursuit that ended with a rear-end collision at his driveway at 3050 Maple Acres in Mercer County. The lawsuit alleges that while he was sitting in the driver's seat after his passenger was forcibly removed from the vehicle and badly beaten, officers fired multiple gunshots and killed him.  According to the complaint, the defendants then allegedly created a false narrative for the media to avoid accountability. 

The plaintiff holds West Virginia State Police and Officers James Coburn, R.A. Maddy and John Doe responsible because they allegedly failed to properly train and/or supervise officers regarding the use of deadly force; failed to properly collect evidence and document statements of eyewitnesses; and retained unfit employees knowing the risks of harm to the general public.

The plaintiff requests a trial by jury and seeks judgment against defendants for compensatory and punitive damages, attorney's fees, costs and injunctive relief. He is represented by Kevin Davis of Charleston and Mark Plants of South Charleston.

Kanawha Circuit Court case number 19-C-10

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