CHARLESTON – A Mingo County couple has filed a lawsuit against a host of county officials and law enforcement after they watched their son be shot and killed during a traffic stop earlier this year.
Michelle Daniels, as a representative of the estate of Robert Lee Daniels Jr. and on behalf of minor C.D. and Robert Lee Daniels Sr. filed her complaint in federal court against the Mingo County Commission, Mingo County Sheriff Joe Smith, Lt. E. Sherrill, Deputy J.D. Tincher, Chief Field Deputy Allen Mounts, Sgt. N. Mines, Deputy Blake T. Sipple, Deputy G. Messer, Sgt. A. Farra, Sgt. C. Endicott, Cpl. D. Nunley, Cpl. E. Williams, Cpl. M. Lendearo, Cpl. Larry Thomas, Deputy T. Browning, Deputy Jeremy Casey, Deputy T.J. Justice, Deputy Max J. Mounts, Sgt. J. Muncy, Cpl. R. Fitch and other unnamed officers and deputies of the Mingo County Sheriff’s Department. The City of Matewan, Mayor Matt Moore, Fire Chief Gibson and several Matewan police officers originally were named as defendants, but they later were dismissed from the case.
According to media reports of the shooting, Daniels Jr. was a suspect in the pursuit of a stolen vehicle in Kentucky. Media reports said the 27-year-old lived in Freeburn, Ky.
According to the complaint, Daniels Sr. was driving a van on Route 49 near Edgardton in Mingo County on January 4 with his wife in the back seat and their son Daniels Jr. in the front passenger seat. The van was moving slow because of mechanical issues.
Around 7 p.m., she says Deputy Tincher and possibly others approached the vehicle, turned on police lights and instructed the van to pull over. After about a minute, Daniels Sr. pulled to the side of the road.
The complaint says Tincher drew his service weapon and approached the van in combat stance on the passenger side and told Daniels Jr. to “get out of the (expletive) vehicle.” Daniels Jr. complied with his hands in the air.
When Daniels Jr. exited the vehicle, the complaint says Tincher opened fire, discharging at least three rounds. It says Daniels Jr. had his hands above his head and was not armed. He fell back into the van bleeding profusely.
“No defendants officer, including shooter defendant Tincher, administered first aid of any sort,” the complaint states. “Simply put, all present defendant officers ignored Daniels Jr.’s condition, and plaintiffs Daniels Sr.’s and Michelle Daniels’ pleas for assistance in order to save their son’s life.”
Over the course of the next hour to 90 minutes, the plaintiffs say no less than 20 Mingo County and Matewan officers arrived at the scene.
“This scenario continued for no less than three hours as plaintiffs Daniels Sr. and Michelle Daniels witnessed their son choke on his own blood and take his last breath,” the complaint states.
The complaint says no defendant officers called for medical assistance or EMS for about two hours after the shooting.
“Many of the defendants at the scene laughed, celebrated and congratulated defendant Tincher for ‘his first kill’ as an officer,” the complaint states. “All the while, plaintiffs Daniels Sr. and Michelle Daniels witnessed this egregious, demeaning and disgusting behavior as their son lie lifeless on the floor of the van and then the street after he was dragged to that location.
“Further, all defendants present at the shooting scene permitted Daniels Jr.’s dead body to lie on the street without being covered for over two hours.”
The complaint says Crown and another defendant also forcibly removed Daniels Sr. from the van, slammed him to the ground, began striking, kicking and stomping him as well as beating him with a service pistol about his face and head.
Daniels Sr. and Michelle Daniels also were charged and arrested with accessory in the first degree and spent two days at Southwestern Regional Jail. They say the fabricated felony charges caused them to mourn their son “at a dirty, overcrowded and dismal jail” instead of make funeral arrangements for their son and to care for their grandson. They also had to have the preliminary hearing continued because it was scheduled on the day of their son’s funeral.
The plaintiffs accuse the defendants of the civil rights violations of excessive force, failure to provide medical care, wrongful death and unlawful seizure of a person. They also charge them with bystander liability, state tort claims (harassment, unwelcome touching, civil battery, civil assault, intentional infliction of emotional distress, outrageous and atrocious conduct, invasion of right to privacy, civil conspiracy and other common law torts), negligence claims (hiring, training, retention, supervision, failing to provide medical care, infliction of emotional distress and general negligence) and survival action.
They list damages as loss of affection, consortium, comfort, financial assistance, protection, affection and care, pain, suffering and mental anguish, loss of quality of life, funeral and burial expenses, loss of service, loss of future earnings, benefits, wages and contributions.
They seek joint and several compensatory damages, punitive damages, exemplary damages, attorney fees, court costs, pre- and post-judgment interests and other damages.
The Mingo County defendants deny the allegations and seek to have the case dismissed. Their answer also lists some of the named defendants who they say were not at the scene. The Matewan defendants, before being dismissed, also noted that no officers named Crown and Maynard worked for the department at the time of the incident.
The plaintiffs are being represented by Kerry Nessel of The Nessel Law Firm in Huntington. The Mingo County defendants are being represented by Cy A. Hill Jr. of Cipriani & Werner in Charleston and by David M. Adkins of The Adkins Law Firm in Hurricane. The Matewan defendants are being represented by Christopher Etheredge and Michael D. Mullins of Steptoe & Johnson in Charleston.
U.S. District Court for the Southern District of West Virginia case number 2:22-cv-247