CHARLESTON — A woman says the West Virginia State Police has violated the Freedom of Information Act by refusing to submit documents requested.
She also claims the defendants failed to set forth any alleged exemptions they had as to why they wouldn't provide the requested records.
Col. Jack Chambers, the West Virginia State Police, the Nicholas County Commission and the Nicholas County Sheriff's Department were all named as defendants in the suit.
Cheryl Holcomb claims on June 3, 2022, her son, Richie Holcomb, and Brent Tyler Kelly were located in their camper at Birch River and during an interaction with several sheriff's deputies, Richie Holcomb was alleged to have died by suicide and Deputy Thomas Baker III was shot and killed, according to a complaint filed in Kanawha Circuit Court.
Cheryl Holcomb claims that the officers were all wearing body cameras or other recording instruments during the interaction and on Aug. 22, 2022, FOIA requests were sent to the West Virginia State Police, the Summersville Police Department and the Nicholas County Sheriff's Department.
On Aug. 25, 2022, the Nicholas County Sheriff's Department and the West Virginia State Police both denied the FOIA request, according to the suit.
Cheryl Holcomb claims on Oct. 17, 2022, she again sent FOIA requests out.
WVSP replied on Oct. 25, 2022, that a report had yet to be submitted by the lead investigator but did not include any other information. Nicholas County Sheriff's Department never responded to the request.
"The Defendants have not set forth any exemption to overcome the presumption of public access to the requested records and they further carry the burden of proving any exemption," the complaint states.
Cheryl Holcomb is seeking for the court to order the disclosure of all the responsive sites, as well as further relief. She is represented by Daniel K. Armstrong of Armstrong Law in Gassaway.
Kanawha Circuit Court case number: 23-C-504
