Federal Grand Jury Indicts Sheriff Bobby Shirley

[Tony]

So finally we have an article that quotes Shirley as saying the speeds approached 115mph but despite that "This guy was just driving like a maniac. We couldn't just let him go and we stuck with him. This is one bank robber that didn't get away," Shirley said. It makes me wonder at what speeds the sheriff would call off a chase? Either he thought it was safe to continue, or he stops it.

Of course, let's note from this story that this guy did NOT rob the bank. And it's only Roper's statement that he even had a gun during the attempt. Doesn't everyone know that's bullet proof glass at the drive through? Did he really pull out a pistol and threaten the clerk with it? I guess we won't know until the trial. Oh wait - the trial's over and he apparently wasn't even charged with this 'crime'!

[Dhyana]

The penalty if found guilty on both charges 30 years and $500,000.

[charliepff]

Shirley to be arraigned Monday

by: BRYAN CLARK Spirit Staff

You can buy the full article on line or get a copy of the paper at your fav retail outlet.

Thanks Willis, that brought me up to speed.

[bosshog]

It is absolutely amazing to me to read all these posts on here supporting what Shirley did during this arrest. If you watch these videos and come away saying Shirley acted appropriately by kicked a handcuffed man laying in the bed of the truck than we are in serious trouble. You want a gestapo not a Sheriffs Department!! This man was a suspect!! He had not been charged with a crime. He had not before a Judge or Jury. These comments on here supporting this mad dog of policeman are extremely unsettling. The supporters are going to be feeling quite foolish with everything comes out on Shirley. You think a cop that is nuts enough to alter evidence when knows the FBI is investigating this event has not been involved in this type of activity before?

[charliepff]

It is absolutely amazing to me to read all these posts on here supporting what Shirley did during this arrest. If you watch these videos and come away saying Shirley acted appropriately by kicked a handcuffed man laying in the bed of the truck than we are in serious trouble. You want a gestapo not a Sheriffs Department!! This man was a suspect!! He had not been charged with a crime. He had not before a Judge or Jury. These comments on here supporting this mad dog of policeman are extremely unsettling. The supporters are going to be feeling quite foolish with everything comes out on Shirley. You think a cop that is nuts enough to alter evidence when knows the FBI is investigating this event has not been involved in this type of activity before?

I did not realize that when everything was taking place in the video, the suspect was declared in custody over the radio. I assumed with all the stuff still going on that he was still fighting with them and the scene was still not under control. I had not read all of the other information since I did not have time. While I do not agree with beating a suspect in custody, and altering records, I do not believe in a kinder, gentler police force. Nor a kinder gentler district attorney.

[KatherineA]

I believe in a police force that follows the rule of law and is professional, not a bunch of thugs on a power trip.
Unfortunately, absent a miracle, we are again stuck with a district attorney who cannot litigate and therefore, must be kinder and gentler. Note that an assistant is trying the recent murder case, not the boss Prosecuting attorney.

[LFE]

Is it just me, or is this thread starting to circle back into something like some of those co 5 threads...
- nothing to see here... just keep moving along is what I think our local gov officials really want...

[LazerFlash]

Is it just me, or is this thread starting to circle back into something like some of those co 5 threads...
- nothing to see here... just keep moving along is what I think our local gov officials really want...

You're right... At this point, we are all in a kind of holding pattern on this. Until it goes to trial - with next week's formal arraignment and entering of initial plea - we can only just assume... And, we *all* know what that breaks down to

[bosshog]

Jefferson sheriff sued, indicted for 'sadistic' beating
6/11/2012 7:23 AM By Lawrence Smith -Jefferson Bureau

Shirley




Haines




MARTINSBURG - The manner in which he arrested a bank robbery suspect 18 months ago has resulted in both a civil suit, and indictment against the Jefferson County Sheriff.

Robert "Bobby" Shirley is named as co-defendant in a civil rights suit filed May 29 by Mark Daniel Haines. In his suit, filed in U.S. District Court in Martinsburg, Haines, 42, alleges Shirley, 60, and 14 unidentified officers from various police agencies, who are also named as co-defendants, brutalized him despite peacefully surrendering following a high-speed chase in December 2010 from Jefferson into Berkeley County after he attempted to rob the drive-thru of a bank.

A week later, U.S. Attorney William J. Ihlenfeld II announced a federal grand jury indicted Shirley for his actions in Haines's arrest. The indictment not only accused Shirley of civil rights violations, but also falsifying information.

A 'sadistic and deliberate' beating

According to the civil suit, Haines attempted to rob the drive-thru of the City National Bank at the Potomac Marketplace shopping center in Ranson. After leaving the scene with an undisclosed amount of cash, Haines was pursed by Shirley, and deputies with the Jefferson County Sheriff's Department.

Eventually, officers with the Charles Town and Ranson police departments joined in, and were later followed by the Berkeley County Sheriff's Department and the West Virginia State Police.

After crossing into Berkeley County, Haines drove his Dodge pick-up truck into a field across from Files Cross Road. Shortly afterwards he "stepped out of the vehicle with his hands raised in the air and offered no resistance."

Upon being placed under arrest, Haines alleges one or more of the officers pushed him "partially over the bed of his truck and began punching him repeatedly with their closed fists." Shortly after that, Shirley "climbed into the bed of the truck and kicked [Haines] repeatedly in the head with a deliberate and sadistic intention to inflict injury on [him]."

Haines alleges Shirley, and the other officers continued to brutalize him by throwing him to the ground, and stomping on his face. While on the ground, he alleges officers also punched him, and shot him with their Tazers.

After an unspecified amount of time, Haines alleges he was yanked to his feet and "dragged to a police cruiser were he was thrown repeatedly against the cruiser and tazed." Other officers on the scene, Haines maintains, had the "ability to stop the excessive use of force by their officers," but "did nothing to prevent it."

Following his arrest, Haines was taken first to BCSD's office, then by ambulance to City Hospital's emergency room in Martinsburg. During his stay at the ER, Haines was treated for multiple abrasions, contusions and fractures to his face, and ribs.

In his suit, Haines, who is currently incarcerated at the Alleghany Detention Center in Cumberland, Md., after he was sentenced last month to 19 years in prison after pleading guilty to an earlier robbery of a BB&T branch in Martinsburg, alleges the use of force by Shirley, and the other officers to arrest him was unnecessary, and violated his rights under the U.S. and state constitutions. He seeks unspecified damages, court costs, attorneys fees and interest.

He is represented by Martinsburg attorney Harry P. Waddell. The case is assigned to Judge John Preston Bailey.

The related indictment against Shirley was announced though a press release issued by Ihlenfeld's office June 5. According to the release, Shirley was indicted on one count of depravation of rights under the color of law, and one count destruction, altercation or falsification of a record in federal investigation.

As of presstime, information relating to the indictment had been posted on the federal government's online pubic records system. Nevertheless, Shirley's attorney Kevin D. Mills told the Hagerstown, Md., Herald-Mail Shirley intends to plead not guilty at his upcoming arraignment.

If convicted, Shirley faces up to 10 years in prison on the civil rights charges, up to 20 years on the falsifying charge and a $250,000 fine on both.

Third indictment against a W.Va. sheriff

Shirley's indictment is the third time this year a West Virginia sheriff has been indicted.

[chipgallo]

Not sure what source publication this is from (seems to be the WV Record), but it is slanted against the Sheriff and states parts of the complaint as if it were fact (quotation marks are omitted). Who is making the statement that the robber had his hands up and offered no resistance? Suggest you link to the article rather than quote the entire piece.

[LFE]

peacefully surrendering following a high-speed chase

That is a huge oxymoron.... peacefull to me ended before the high-speed chase even started.
- Now had he peacefully tried to rob the bank (please give me lots of money) and then just given himself up (my bad)... a peacefull surrender might have been easy to prove.





1:13
Boss Hogg and Rosco classic moment

[Willis]

In reference to bosshog's post HERE, Chip is correct in his suggestion that a link be provided in lieu of posting the entire article

Suggest you link to the article rather than quote the entire piece.

Actually, our rules discourage the practice to prevent copyright infringement

Rule #17) No posting of copyrighted material. This includes pictures and files, but equally as important are articles from blogs, magazines, newspapers, etc. Post a link to the article. You may quote brief parts of the article if you comment on it.

We do encourage posting selected portions of the piece along with our users' comments since we are a discussion forum. BTW, a google search of some text does indicate the article is located HERE

[bosshog]

My bad Willis

[bosshog]

Stripped of his firearm today! I guess as long as he still has his steel toe boots he will be fine.

[LazerFlash]

Stripped of his firearm today!

Big deal... It was for show only. He'll be working daily in a building filled with people who have firearms, not to mention the armory the County maintains.

[Willis]

Shirley pleads not guilty

June 19, 2012, By Edward Marshall, Journal

MARTINSBURG - Jefferson County Sheriff Robert "Bobby" Shirley pleaded not guilty to a pair of federal charges at his arraignment hearing Monday in Martinsburg's U.S. District Court...


...(Federal Magistrate Judge David J.) Joel subsequently scheduled a trial date in the case for Aug. 7 and ordered that Shirley be released on a personal recognizance bond, but granted a request from the government that the sheriff be prohibited from possessing a firearm while awaiting trial as part of the conditions of his bond...


..."I'm not going to permit him to carry a firearm, but I will preserve your right to have a hearing on the matter," Joel later told Mills....

Read the entire article HERE

[Willis]

Shirley Denies Wrongdoing

By Rachel Molenda - Journal Staff Writer

MARTINSBURG - Both the defending and prosecuting attorneys in the case of Jefferson County Sheriff Robert "Bobby" Shirley responded to an Associated Press report Saturday in which Shirley denied allegations that were made against him in a civil lawsuit by convicted bank robber Mark Daniel Haines.


Kevin Mills, who represents Shirley, stated that the lawsuit itself explains the story in simple terms.


"Here's a person who was a bank robber who is saying in his legal papers (that) he wants to be paid for robbing the bank, essentially based on the way he was apprehended when he ran," he said....

See the article HERE

[Tony]

"Here's a person who was a bank robber who is saying in his legal papers (that) he wants to be paid for robbing the bank, essentially based on the way he was apprehended when he ran," he said.

WTF is this guy talking about? Paid for robbing a bank? Does he really believe that's what the case is about???

In addition to claiming innocence, Shirley stated that he "should be immune from prosecution under state law," the AP report said.

Huh? Is there really a state law that says it's okay for LE to beat the crap out of you if they suspect you committed a crime? That's really hard to believe.

Shirley was indicted earlier in the month after Haines sued the sheriff and 14 unidentified law enforcement officers for alleged excessive force during his arrest in December 2010.

Maybe I'm just not paying attention again, but this is the first I've heard about the other 14 defendants. I remember when watching the videos that if Shirley was guilty then maybe the guys holding him would be guilty of something as well. At the very least for not reporting it, but also for not trying to stop it.

[StickonFreeze]

Maybe I'm just not paying attention again, but this is the first I've heard about the other 14 defendants. I remember when watching the videos that if Shirley was guilty then maybe the guys holding him would be guilty of something as well. At the very least for not reporting it, but also for not trying to stop it.

Just Shirley is being charged by the government (for now). Haines is suing Shirley and all of the other officers who were on the scene in civil court. There are two different cases.

Yeah, It's a little bit disturbing that a high-ranking law enforcement officer would openly state that he should be above the law. There seems to be a basic misunderstanding there about how this country's laws work.

[Kensey]

Yeah, It's a little bit disturbing that a high-ranking law enforcement officer would openly state that he should be above the law. There seems to be a basic misunderstanding there about how this country's laws work.

Well, not exactly above the law. There is the concept of qualified immunity for agents of the government acting on government business. It doesn't mean you can be abused with no recourse -- your recourse is against the government as an entity, not the individual who acted aganst you. (Of course governments often have immunities of their own against civil suits -- e.g. you can't successfully sue the government for failing to prevent or stop a crime you were a victim of, because the government has no duty to act as security guards for citizens as individuals -- just to keep law and order generally.)