CHARLESTON – A Kanawha County woman has filed a lawsuit against the State Police, several Kanawha County Sheriff’s deputies and the county commission alleging she was shot without reason by a state Trooper in an incident that left her boyfriend dead.
Taylor Quinn filed her complaint April 16 in Kanawha Circuit Court against the West Virginia State Police and Lt. Christopher K. Zerkle. Other listed defendants are the Kanawha County Commission Kanawha County Sheriff’s Department members Sgt. Paxton Lively, Sgt. Rick Keglor, Deputy Brandon Kay and Deputy Jamie Miller.
“The police misconduct in this case is astounding,” attorney L. Dante diTrapano told The West Virginia Record. “What started as a passenger on a motorcycle riding without a helmet on a rural county road ended with over 20 police officers surrounding a trailer in Sissonville killing a young man and severely injuring his girlfriend.
diTrapano
“This lawsuit is for an unarmed, unwanted, innocent 20-year-old young lady illegally forced out of her house and shot in the back by a state Trooper.”
DiTrapano said he plans to file another lawsuit soon on behalf of Toon's estate.
According to her complaint, Quinn was at her home outside of Charleston city limits on Aug. 1, 2019. She shared the home with boyfriend Eric Toon.
The complaint says Zerkle was alerted of a domestic disturbance involving a man and a woman near a gas station off the Tuppers Creek exit of Interstate 77 in Sissonville. It says Zerkle blocked a roadway near Quinn’s home with his unmarked cruiser, and did see Toon and another person riding a motorcycle past him without a helmet.
“The only three eyewitnesses still living reported that the motorcycle operated by Eric Toon, now deceased, did not impact defendant Zerkle's cruiser,” the complaint states. “Defendant Zerkle stated in the incident report that the motorcycle operated by Eric Toon did impact his left front tire, perhaps one of four places on a vehicle which would not reveal damage if impacted, and then instituted a high speed chase down Falcon Drive, a two lane residential street.
“Defendant Zerkle fabricated this story about the motorcycle hitting his vehicle in an attempt to justify the outrageous police misconduct that ensued. The high speed pursuit initiated by defendant Zerkle then proceeded onto Rt. 21 and into (Charleston) city limits … over the Patrick Street Bridge and onto the interstate highway system.”
Shortly thereafter, Quinn says Toon returned home and got into bed with her.
“At some point later in the morning, approximately fourteen (14) law enforcement officers, plus several K-9 officers descended upon (their residence) and attempted to unlawfully gain entry into her home without a search warrant,” the complaint states. “The officers learned that Eric Toon lived (there) from the male suspect in the domestic dispute earlier that morning.
“Therefore any ‘tracking’ by the K-9 units was a pretext and superfluous.”
Quinn says five members of the sheriff’s department responded, even though at least one said the “pursuit had been cancelled.”
Toon wasn't charged with anything following the motorcycle incident, and there was no warrant for his arrest.
Quinn says Miller’s K-9 partner Max began tracking the area and located a helmet. Zerkle located “a brand new cellphone at the corner of the house” as well.
“The K-9's initial tracking effort did not produce a ‘hit’ on the … residence,” the complaint states. “Defendant Zerkle spoke to the K-9 officer, defendant Miller, and asked him to try tracking again based on the helmet and the ‘brand new cell phone’ he found, the second time the K-9 tracked to the front of the 116 Lotus Drive residence and signaled a ‘hit.’
“Defendant Miller then reported that he ‘had enough to try and make entry.’”
Quinn says the sheriff’s department members breached the front door and unlawfully entered the home, flushing the residents “out of a side window, where one was shot and killed, and the plaintiff, who was in fear for her life, was severely injured.”
Quinn says Toon went out the window first and “was shot and killed as he lay on the ground.”
“Defendant Zerkle shot Mr. Toon once in the neck and once in the head as he lay dying (and/or dead),” the complaint states. “Quinn went out the window after Eric Toon. She was shot by defendant Zerkle after Eric Toon was shot. Ms. Quinn was unarmed, unwanted, and not suspected of committing any crime.”
Media reports of the incident say Toon was carrying a rifle when he jumped out of the window of the house.
Quinn says she was severely injured, required extensive hospitalization, and continues to incur medical expenses. She says she suffered permanent injury to her shoulder and nerve damage to her right arm and right hand as well as pain and suffering, mental anguish and disfigurement.
Quinn accuses the defendants of negligence, recklessness, malicious conduct as well as violating her state and federal constitutional rights. She also accuses them of extreme and outrageous conduct and emotional distress.
She seeks compensatory damages for her injuries and lost earning capacity, pain and suffering, medical expenses and other losses, including punitive damages. She also seeks pre- and post-judgment interest, attorney fees and court costs.
Quinn is being represented by diTrapano, Alex McLaughlin and Benjamin D. Adams of Calwell Luce diTrapano. The case has been assigned to Circuit Judge Charles King.
Kanawha Circuit Court case number 20-C-320