November 8, 2010
Prosecutor: No charges in police academy incident
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CHARLESTON, W.Va. -- Kanawha County prosecutor Mark Plants will not press charges against the police instructors involved in the April training incident that left Princeton Police Officer Christopher Winkler with a blood clot in his brain.

The decision comes after prosecutors reviewed the independent investigation report by the West Virginia Commission on Special Investigations.

On April 5, Winkler participated in required multiple assailant training where two instructors acted as assailants. Two troopers -- C.R. Holbert and J.M. Comer -- and Cpl. Michael McConihay from the Charleston Police Department were involved in the training.

In May, Plants requested that the commission investigate the incident.

None of the witnesses involved in the investigation told the commission that they saw Winkler struck after he went down, said Dan Holstein, Kanawha County assistant prosecutor.

A doctor involved with treating Winkler also said that Winkler's injuries were consistent with that type of training, Holstein said.

"There was never a doubt in my mind that there was no wrongdoing on our part," said Maj. Mark DeBoard, commandant of the West Virginia State Police Academy. "I've maintained from the very beginning that the staff of the State Police Academy acted with 100 percent integrity."

Plants provided a redacted copy of the report to the Gazette on Monday.

Plants said his policy is to review investigative reports, then return them to the agency that produced them, so they can be released to the public. He said he made an exception in this case because by law the Commission on Special Investigations can't release their reports.

Commission Investigator Carl Hammons, who retired as a detective from Charleston Police, prepared the report.

Winkler received the blood clot during the multiple assailant training and not during previous boxing training or because of a pre-existing condition, according to Holstein.

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Copyright 2011 The Charleston Gazette. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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