West Virginia Record

Wednesday, January 22, 2020

Charleston man sues Kanawha deputy, commission after he says he was arrested due to mistaken identity

State Court

By Marian Johns | Jan 8, 2020

Police

CHARLESTON – A Charleston man is suing a Kanawha County deputy and the County Commission over allegations he was falsely arrested due to mistaken identity. 

Robert Petry Jr. filed a complaint in Kanawha Circuit Court against Cpl. J.M. Martin, individually and in his official capacity as a Kanawha County Deputy Sheriff, and the Kanawha County Commission alleging wrongful arrest and wrongful incarceration.

Petry alleges that on Dec. 10, 2018, Martin and another deputy sheriff arrived at his Charleston home and arrested him based on a criminal complaint and arrest warrant for another individual named Robert Petry. He alleges he was taken to a holding cell for an hour, had a hearing and was assigned a $3,000 bail. Later that day the defendants recognized the mistake and a motion to dismiss was filed in the Kanawha County Magistrate Court.

Petry alleges neither of the deputies attempted to confirm his identity.

Petry seeks compensatory damages, a trial by jury and all other just relief. He is represented by Daniel Lattanzi of Pepper & Nason in Charleston. 

The case has been assigned to Circuit Judge Joanna Tabit.

Kanawha Circuit Court case number 19-C-1076

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Kanawha Circuit Court

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