WHEELING — The trial for Monongalia County Deputy Lance Kuretza began Monday morning at the United States District Courthouse in Wheeling.
Kuretza was indicted by a federal grand jury in August 2022 for allegedly depriving Quintin Graciano of his civil rights by using excessive force during a January 2018 incident at a Morgantown hotel and falsifying a report in an attempt to cover it up.
Deputies were called to the Residence Inn in Morgantown on Jan. 20, 2018, concerning an alleged fight between a small group of people staying at the hotel. During their investigation, deputies were alerted to another individual with the group, Graciano, who was asleep in an adjoining room.
The events that followed will be the topic of much of the testimony jurors will hear over the next few days.
According to the indictment, Kuretza used excessive force after finding Graciano in the second hotel room by punching and elbowing him in the face and, after he was handcuffed, striking him in the face and using pepper spray and kneeing him while he was being escorted.
In his use of force report, which he is accused of falsifying, Kuretza stated that he pepper sprayed Graciano before he was handcuffed. He allegedly omitted pepper spraying and striking Graciano once he was cuffed.
The first witness called Monday by Assistant U.S. Attorney Sarah Wagner, Blain Fawley, worked as a transport officer at the Monongalia County Sheriff’s Office.
Fawley was present the evening Kuretza brought Graciano into the sheriff’s department for booking and testified that Graciano was “pretty beaten up” and had “blood coming out of one of his ears.”
Bodycam footage from inside the booking area showed a badly beaten Graciano going through the booking process. At one point, Fawley can be heard telling the inmate “You’ve got to stay awake man.”
During testimony, Fawley said he was concerned that Graciano may have had a concussion because he was leaning forward and bobbing his head, going in and out of consciousness.
Fawley, who had been in the role of transport officer for only a month at the time, said he shared his concerns to Kuretza who, he said, was not happy to hear them. Fawley said due to being so new at the department, he didn’t speak up further.
“I’ve never seen anyone bleed out of their ears,” Fawley said.
Fawley also transported Graciano to the North Central Regional Jail that evening. Upon arrival, he said the nursing staff at the jail were not happy with Graciano’s appearance and ultimately refused to accept him to the jail due to the severity of his injuries.
“I’ve never seen anybody look like that – that badly beaten,” Fawley said.
Prosecutors also called Michael Titterington to the stand. Titterington, a friend of Graciano who was at the hotel during the incident, explained what happened the evening leading up to Graciano’s arrest.
Titterington said the group of friends had come into Morgantown for a WVU basketball game earlier that day and admitted to have been drinking and smoking marijuana.
Titterington accompanied Graciano, who he said was fairly intoxicated, back to the hotel and got him to bed in the adjoining room.
A short while later, the rest of the group returned to the hotel room not occupied by Graciano. That’s when two of them got into a fight, which led to the police being called.
Titterington said deputies entered the room “somewhat aggressive” because they had been told there may have been a gun involved.
The group was asked to vacate the hotel and deputies were alerted to Graciano’s presence in the second hotel room, which Kuretza and another deputy entered.
Not long after the deputies went into Graciano’s room, Titterington said he heard banging noises and “aggressive tones” coming from the room.
When Graciano was brought out of the room, Titterington said all he could think was, “What the hell happened in there?”
During opening statements defense attorney Lyle Dresbold said the jury will find that Kuretza’s actions were justified, and that appropriate force was used.
Dresbold said the defense plans to hold the government to the highest standing possible – proof beyond a reasonable doubt.
Prosecutors will continue more witness testimony Tuesday with defense witnesses coming later in the week.
