WESTOVER — Attorneys for Westover Police Officer Aaron Dalton have filed an injunction request, alleging Dalton’s employment rights protected by the West Virginia code have been denied.
Dalton is implicated in two federal lawsuits and one state lawsuit against the city for his and other officers’ alleged misconduct. The injunction follows days after a cell phone relating to one of these lawsuits resurfaced. Dalton has been on paid administrative leave since Aug. 31, 2020, “pending the outcome of an alleged investigation, according to the injunction.”
In January of 2021, Dalton’s undersigned counsel sent a request for reinstatement to Westover Police Chief Joseph Adams or alternatively, that a civil service hearing be provided to “show just-cause for any discipline.”
City Attorney Tim Stranko provided a “laundry list” of alleged disciplinary actions against Dalton, none of which Dalton was given notice of as required by law through West Virginia Code, according to the court filing. The list of alleged disciplinary actions included:
- In September 2017, Dalton was “rude and aggressive to residents regarding children playing in the street.”
- A May 2020 hostile work environment claim filed by Officer Justice Carver, stating Dalton had asked if Carver wanted to fight him, stated Carver was unfit to serve and is “stupid and retarded,” threatened he would go to the Mayor and have Carver fired, among other complaints.
- A June 2020 a complainant requested Dalton have no more contact with him or her. Panico found no formal disciplinary action was necessary.
- An August 2020 situation, in which Dalton ordered that a piece of body camera video be given to someone outside the department, in violation of policy. In that instance, Dalton provided a written statement that the video was requested by Mayor Johnson to investigate a citizen’s complaint.
- An August statement from former Chief Richard Panico stating Dalton requested body cam footage be provided to an outside department, violating WPD’s body camera policy.
- A letter signed by several WPD employees, regarding Dalton’s job performance, including allegations of civil rights violations, threats to kill other officers, false reporting, intimidation and harassment of citizens and other officers, and destruction of evidence and private property.
- An August 2020 letter from Panico placing Dalton on leave relating to the actions taken to obtain evidence in the case of William Cox.
- A September 2020 complaint that Dalton ordered an illegal warrantless search, while disregarding other officers’ cautions not to. In that case, Panico indicated that he intended to take disciplinary action to demote Dalton.
An email included in the court filing also listed complaints from several officers, which they agreed to use as testimony if deposed under oath relating to Dalton:
- Dalton would actively place other officers in situations with civilians or potential targets so confrontation was inevitable.
- Dalton told specific officers that he was going to kill or seriously injure three specific fellow officers.
- Dalton has been observed bullying the homeless, vagrants and drunks in Westover.
- Dalton spoke very poorly of Chief Panico and advised junior officers to ignore his direct orders, undermining his authority.
- Multiple officers advised that Dalton created a hostile work environment for them and felt targeted by him.
- Dalton was overheard making fun of certain officers’ religious backgrounds.
- Multiple officers said that Dalton did not like body cameras and had minimal body camera footage. He would also turn off other officers’ cameras.
- Dalton was overheard using racial profanities.
- Dalton was seen giving the “finger” to officers from other law enforcement agencies.
- Dalton was heard telling officers from other agencies not to be in Westover city limits.
- Dalton instructed an officer to destroy personal property of a homeless person and was seen urinating on homeless peoples’ possessions.
- Dalton was known to go outside the chain of command, raising issues with the mayor instead of the police chief.
- Dalton was observed violating an individual’s right to be free from an unauthorized seizure.
The court filing states these exhibits were distributed with the sole purpose of placing Dalton in a false light to negatively impact his employment.
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