MORGANTOWN — A woman is suing Monongalia County Commission and the Monongalia County Sheriff's Department alleging that they are responsible for her father's death.
Sheriff Perry Palmer and an unknown and unnamed deputy were also named as defendants in the suit.
Amanda F. Stewart filed the lawsuit as administratrix of the state of John D. Stewart Jr.
Amanda Stewart claims her father was arguing with his sister, Jessica Stewart, on April 17, 2019, about him not making monthly payments toward the purchase of a Fairview property and his sister called the police. The unknown and unnamed officer arrived and instructed Jessica Stewart to file eviction proceedings.
The deputy then attempted to arrest John Stewart after he was wrongly told via dispatch that there was a warrant out for his arrest, according to the suit. John Stewart, who had a mental illness, resisted arrest by telling the officer "no" and was between 15 and 22 feet away from the deputy while he was running away from the deputy and he pulled a small utility knife from his pocket as he was fleeing, but he did not open the utility knife.
The deputy then fatally shot John Stewart several times, according to the suit.
Amanda Stewart is seeking compensatory and punitive damages. She is represented by John R. Angotti, David J. Straface and Chad C. Groome of Angotti & Straface.