Court: Dunbar, officers ignored lawsuit in excessive force case

“It’s all to blame on the insurance company,” Elliott said.

Latest incident

The lawsuit stems from a June 6, 2022, incident in which Rickey Baire, 38, of Dunbar says he was pulled over by Police Officer Zachary Winters while riding his bicycle within city limits.

The complaint alleges that Baire was “not armed nor suspected to be armed. He was not intoxicated, incapacitated, a threat to the safety of himself or others, or disorderly.”

Winters ordered Baire to show him identification. When Baire reached for his ID, Winters drew his weapon, demanded he raise his hands, and asked whether he had any weapons, according to the lawsuit.

“With his hands still raised, [Baire] told Winters that he only had a pocketknife on his person ... he removed the pocketknife from his pocket and tossed the pocketknife away from his person,” the lawsuit states.

Baire then fled the area, saying he feared that Winters intended to harm him. Winters called for backup. Dunbar Officer Adam Mason responded.

The complaint says that the officers apprehended Baire, who “got on the ground and laid there compliant and posing no threat to the officers.” Yet, “Mason and Winters approached [Baire] and began physically attacking him with no justification,” the complaint states.

Winters and Mason allegedly kneed Baire in the ribs on his left side, kicked him multiple times and yelled threatening, derogatory and profane remarks at him.

At the Dunbar police station, Baire was detained “a lengthy period of time estimated to be hours despite complaining of severe pain.” Despite requesting it, Baire “was denied medical treatment or evaluation,” per the lawsuit.

Baire’s lawsuit says he called his father, when Winters stated that he had 20 minutes to bring $400 to the Dunbar Police Department. When Baire’s father responded, he could not make it there in that time frame, Winters allegedly ended the call and transported Baire to the South Central Regional Jail.

The complaint states that, at the SCRJ, Baire “was in extreme fear, physical pain, and panic.”

Baire was released later that day. He was treated at WVU Thomas Hospital for rib fractures, according to the complaint.

Default, and next steps

On Friday, U.S. District Court Clerk Rory Perry filed an entry of default in the case after neither the officers nor the city responded to the court summons, filed on May 9, 2024, within the required 30 days.

As a result of the ruling, the defendants are responsible for paying punitive and compensatory damages, which will be determined at a later date.

One of Baire’s attorney, Dante diTrapano, is ready for the next step.

“We filed a motion asking the court to enter a default and to allow us to move forward with the case that would just be on damages,” diTrapano said. “So in essence, what it would be is that, because they failed to respond, they’re going to be held responsible for whatever damages that [Baire] incurred because of the excessive force.”

DiTrapano said he was surprised by the city’s lack of response.

“I think they’ve just totally blown this thing off and they’re not responding,” diTrapano said. “I talked to [Dunbar’s] insurance adjuster, and he hasn’t even hired any lawyers in the case.”

Elliott said the city’s lack of response was because of a “misrepresentation” by its insurance company.

History of excessive force

This is not the first time the city has been named in a lawsuit alleging excessive force, nor is it the first time Winters and Mason have been named as defendants in such lawsuits.

According to the complaint, Mason, along with the city, was named a defendant in a lawsuit stemming from the 2016 arrest of Keth Ryhclick, and the 2017 arrest of Timothy Smith.

The city also was named in a lawsuit related to the 2020 arrest of Khristopher Tolliver. Winters and Mason were named in a lawsuit in the 2021 arrest of Robert Hensley.

Most recently, the officers were named in a lawsuit concerning the death of Michael Scott Jr. from injuries allegedly sustained while in the custody of Winters and Mason. Scott suffered a skull fracture which his lawyers attributed to police brutality. The case was settled for $2 million.

When asked if Winters and Mason will face disciplinary action, Elliott said, “That is a question that I cannot answer at this time. I’ve got internal affairs looking into those cases now.”

Effects on Dunbar taxpayers

Elliott said he is concerned about how these excessive-force claims — and resulting lawsuits — are viewed by residents of his city.

“We are working on fixing the issue and we are putting our officers through classes to fix their issues,” Elliott said. “If the officers are in the wrong, they will be punished or terminated. We want to make sure we’re doing what’s right for the citizens of the city of Dunbar, and I’m trying to fix the issues.”