A lawsuit filed in federal court accuses two Westover Police officers of attacking a man for recording them, as well as destroying his cell phone that recorded the attack and falsely arresting him.
Plaintiff William Cox claims he was subjected to “a merciless onslaught of punches, kicks and pepper spray when he was defenseless and posing no threats.”
The City of Westover, Officer Aaron Dalton and Officer Justice Carver are named as defendants in the suit, which was filed in the Northern District of West Virginia last week.
It seeks an unspecified monetary judgment for damages, including reasonable attorneys’ fees. It also requests an “adverse inference jury instruction” against the defendants because of the destroyed evidence of the attack and the appointment of a receiver to ensure Westover properly trains and supervises its officers.
According to the suit, Cox was waiting for a Mountain Line bus at the bus stop on Dunkard Avenue Aug. 25, 2019, when a Westover police cruiser, driven by Dalton with Carver as the passenger, drove by. Cox recorded the cruiser with his cell phone as it passed and recorded the entire interaction with the officers. However, the suit states the defendants either destroyed Cox’s phone or intentionally failed to recover the evidence. Cox still does not have his phone.
Dalton saw Cox was recording the cruiser, turned around and drove towards Cox. He rolled down the window and ask Cox why he was recording. According to the suit, Cox said it was his right to do so. Carver said officers could also record video and appeared to activate his bodycam, the suit states. Cox said he was relieved the officers had bodycams, hoped they were on, and if needed, he would submit a Freedom of Information Act (FOIA) request for the footage.
Dalton told Cox he was “too stupid to know what FOIA means,” to which Cox replied “I know exactly what it means.”
Dalton and Carver then got out of the cruiser and “violently attacked” Cox, the suit states.
The attack was captured on video by a nearby business. The suit describes the footage:
“Mr. Cox cried out for help after the defendant officers slammed his body to the ground, repeatedly punched him in the head and face with a closed fist, kicked him with knee strikes to his lower body and pepper sprayed his eyes and face.”
Neither officer had their bodycam on during the attack or the footage was destroyed to “hide evidence of their unlawful and unconstitutional conduct,” the suit states.
After the attack, Cox was arrested and charged with disorderly conduct, obstructing an officer and unlawful assault. He was taken to the Monongalia County Sheriff’s Office for processing. Because of his injuries, he was then taken to J.W. Ruby Memorial Hospital where a CT scan of his head showed a facial fracture.
After being discharged from the hospital, Cox was arraigned in Monongalia County Magistrate Court and bond was set at $25,000. Unable to post that amount, Cox was taken to North Central Regional Jail where he was unlawful incarcerated for 39 nights until a different magistrate granted a motion to reduce his bond and released him on personal recognizance, the suit states.
Twice while Cox was in jail, officers with the WPD reviewed the footage from the nearby business that captured the attack and arrest, but that footage was not turned over to the Monongalia County Prosecutor’s Office. On Oct. 7, 2020, the case against Cox was dismissed.
In addition to the violations of Cox’s civil rights and the physical injuries, he lost his job and apartment while unlawfully being held in jail, according to the suit, which also accuses Westover of knowingly hiring dangerous officers which places citizens such as Cox at an increased risk of harm. Dalton was hired by Westover after being terminated or forced to resign from the Fairmont Police Department, according to the suit. It claims the city was “fully aware” of his termination for excessive force and racial profiling.
Since becoming a Westover officer, he has become a defendant in a federal civil rights suit filed on behalf of Andre Howton who was beat by another Westover officer and caught on Dalton’s bodycam. Dalton is also the subject of an August 2020 letter signed by 11 other Westover officers calling for his removal from the force. That letter accuses Dalton of violating civil rights, threatening to kill other officers, lying on official paperwork, targeting and harassing citizens, using racial profanity, promoting a culture of aggression and disrespect and more.
All 11 officers who signed the letter indicated they would be willing to testify “in any federal, local, civil, criminal or civil service court should it be required.”
Dalton’s last known status with the department was suspended with pay. A message for Westover’s police chief was not returned in time for this report.
Zachary Fescko, another defendant in the Howton suit, is also cited as an example of Westover’s practice of hiring dangerous cops. Fecsko was accused of domestic battery and assault by his ex-girlfriend.
Cox is represented by Gregory Haddad and Travis Prince of Bailey Glasser LLP. Samuel Madia and Jonathan Prince of Shaffer Madia Law are also representing him.
