CHARLESTON – Attorneys representing a Charleston man who says two Dunbar police officers used excessive force on him have asked to amend the complaint to include spoliation of evidence.
In a pair of March 5 in the federal lawsuit, Anthony Reese’s attorneys say recently obtained video evidence shows the defendant officers had possession of a pocket knife critical to the claims and defenses in the case but failed to preserve such evidence.
“Recently produced video evidence shows the existence of an alleged pocket knife that was suggested to be on plaintiff’s person inside a jacket pocket during his arrest but was not preserved by the defendants,” the motion to amend states. “Plaintiff has categorically denied having a knife in his possession, and none of the witnesses have ever suggested the alleged knife would have been removed from a pocket during the encounter. …
Forbes (left) and diTrapano
| File photos
“Defendant Zachary Winters, the officer alleged to have found the supposed knife, refused to substantively answer questions at his deposition in this matter and specifically invoked his Fifth Amendment rights against self-incrimination when asked about the alleged knife, denies possession of any alleged knife.”
The motion says the video initially produced by the City of Dunbar for the lawsuit “had very obviously been edited. Reese’s attorneys hired an audio video forensic analyst who believed it had been edited.
An additional video was provided by the city on January 31, and it shows “considerably more footage,” according to the complaint.
“The additional footage … depicts defendant Winters take a knife claimed to be from plaintiff, though plaintiff specifically denies ever having a knife, and places it on a table,” the complaint states. “The video next shows Dunbar Officer Adam Mason slide the knife across the table to Dunbar Officer Kendall. The video then shows Dunbar Officer Kendall place the knife into his pants pocket.
“The defendants have never produced the knife, articulated the current location of the knife or provided chain of custody documentation for the knife. In other words, despite having been depicted on video and being the centerpiece of the defense in this case, the knife is gone with absolutely no explanation.”
If the court doesn’t allow for the complaint to be amended, Reese’s attorneys ask the court to provide spoliation instruction to the jury in the trial.
Reese’s case is one of four cases filed against Dunbar and its officers in the last few years. Two have settled, one for $2 million and the other for $100,000. Three of the four cases have named Winters as a defendant, and he and Mason both still are employed by the Dunbar Police Department.
“Sadly, Dunbar has seen case after case with deeply disturbing allegations, yet the same officers are involved time after time,” attorney Jesse Forbes told The West Virginia Record. “It’s like a bad broken record. These allegations are not the types of actions that should ever be tolerated by the police and our citizens deserve better.
“Most police officers are some of the bravest and most dedicated people in our society and we need to trust and rely on them, not worry that they will attack us, hide evidence, or use their authority to cause serious injuries or death.
“Our clients in the Dunbar cases have been pursuing a sense of justice and a hope that by shining light on these issues things will change and that the horrific allegations in these cases don’t happen to anyone else’s loved one. The civil justice system exists to hold those responsible for injustices accountable. That is precisely the justice we will continue to seek for all our clients.”
L. Dante diTrapano, who also is representing Reese, agreed.
“The Dunbar Police Department has been like a three-ring circus the past several years,” he told The Record. “The tragic death of Michael Scott Jr. occurred over two years ago and should have been a watershed moment for the law enforcement community.
“Instead, now we have allegations of a brutal beating and then, to try to somehow explain the force used, the very same officer that ‘suplexed’ Michael Scott Jr. initially claimed there was a pocket knife in the victim’s pocket, but they can’t produce it.
“When that officer was asked about the supposed knife, he invoked his Fifth Amendment protections against self-incrimination and refused to answer. That’s something you typically see of criminal defendants, not uniformed police officers.
“Hopefully, the more attention that comes to these issues the less they will be accepted and there can be a sense of trust for the brave police officers that patrol each day actually trying to make our communities safer.”
In his original complaint, Reese said Winters and Officer Todd Hannah used excessive force on him outside of police headquarters on December 3, 2022, after receiving a phone call from an officer because he had left a book there on a prior unrelated occasion. Reese says he also planned to speak to Winters about prior instances of harassment by Hannah and other officers.
As he approached, Reese says Hannah exited the building and walked across the street to a parked car. When he noticed Reese, he asked him why he was there. The interaction was captured on DPD security cameras and in part on Hannah’s body camera.
Reese told Hannah he was there to talk to Winters. Hannah told him Winters wasn’t there, and Reese turned and walked in the direction from which he came. The interaction took less than 30 seconds.
“As Mr. Reeese walked away, defendant Hannah closed the car door and walked back toward the DPD entrance,” the complaint states. “As he approached the DPD entrance, defendant Hannah turned off his body camera. However, the DPD security camera continued to film after defendant Hannah deactivated his body camera.”
The security footage then show Hannah briefly operating his police radio before calling out to Reese, who stopped and turned to face Hannah from about 20 feet away. The footage shows Hannah walk toward Reese before grabbing him, throwing him to the ground and striking him several times.
“The DPD security camera video shows that, while Mr. Reese was face down and being assaulted by defendant Hannah, an additional six DPD officers, including defendant Winters, ran from the DPD and crowded closely around Mr. Reese,” the complaint states. “Officer body cam footage shows the DPD officers hitting Mr. Reese while loudly cursing, calling Mr. Reese a ‘fucking stupid bitch’ and otherwise assaulting him without cause.”
After about two minutes, Hannah pulled Reese to his feet and placed him under arrest. Winters took Reese into DPD. Video footage shows Reese was bleeding heavily from his head.
One of the officers called EMS to assess Reese. He was transported to Thomas Memorial Hospital for treatment with Winters escorting him. He was treated for multiple contusions and abrasions caused by blunt force trauma to the head, face, scalp, chest, abdomen, back and knees. He was discharged and transported to South Central Regional Jail where he spent three days in the medical unit.
In the police report, Hannah wrote that Reese approached him and feared Reese was trying to retrieve a weapon “so I tossed my radio onto the ground and struck (Reese) five times in the right side of his ribcage.” It also says a knife was found in Reese’s pocket.
Winters’ body cam footage shows him telling Thomas Hospital employees Reese “basically charged at the other officer and threatened to fight him.” The arrest report also says Reese was “swaying back and forth” and smelled of an alcoholic beverage.
The complaint notes the DPD security footage “clearly shows” Hannah pursued Reese. It also says no knife was located at the scene or placed into evidence in connection with Reese’s arrest. Reese denies ever having a knife during the incident. Reese also tested negative for alcohol at both the hospital and jail.
Reese says Hannah had no probable cause to pursue him, and he had no outstanding warrants.
In the case that settled for $2 million, video footage showed Winters slam an already handcuffed Scott head-first to the pavement in a move that Winters called a “suplex.” Winters and Officer Adam Mason then denied Scott’s pleas for medical treatment for hours, and Scott slowly succumbed to a fatal brain injury while Winters and Mason made jokes and lied to health care workers about the cause of Scott’s fatal injury.
The complaint says Reese’s attorneys suspect Mason will be identified through discovery as one of the other officers who joined in attacking him.
Reese accuses the individual defendants of excessive force and civil conspiracy, and he accuses the city of negligent training and negligent supervision. He also files a Monell claim against the city, meaning the city is responsible for the actions of its employees.
He seeks compensatory damages, special damages, pre- and post-judgment interests, attorney fees, court costs and other relief. He also seeks punitive damages from Hannah, Winters and the yet unnamed DPD officers.
Reese is being represented by diTrapano and Charles Bellomy of Calwell Luce diTrapano in Charleston and by W. Jesse Forbes and Jennifer N. Taylor of Forbes Law Offices in Charleston. The case has been assigned to District Judge Joseph R. Goodwin.
U.S. District Court for the Southern District of West Virginia case number 2:23-cv-00805