The troopers found Krein's Chevy truck in the parking lot of Huffman's County Store, which lies at the intersection of U.S. 119 and Ambridge Road in Roane County.
Krein's truck was backed into the lot and faced the road when the troopers pulled their cruiser in at an angle in front of his truck. The troopers stepped out of their squad car, and began flanking him -- all the while ordering him to get out of his vehicle. The troopers had not activated the cruiser's emergency lights, according to the lawsuit.
Krein apparently panicked and attempted to drive his truck between the police cruiser and another parked car. He collided with the cruiser in the process, hitting and shutting the door that one of the troopers had left opened.
Price pulled out his handgun and opened fire. His first shot went into the truck's grill, Price said in the statement, causing Krein to duck down into the passenger seat. Price fired the second shot through the passenger window, striking Krein in the head above his right ear, according to court documents.
After the second shot, Krein's vehicle drifted into the roadway. The troopers removed him from the vehicle, called for paramedics, and attempted first aid.
"If, as Krein appears to suggest, Trooper Price fired the second shot not out of fear for his or Trooper Snyder's safety or concern that Krein might present a threat to another, but merely to thwart Krein's escape, granting qualified immunity would be improper," Copenhaver wrote.
Copenhaver did dismiss Krein's claim that the State Police were liable for negligent hiring and retention of Price.
Clifford filed a motion that was granted to dismiss the misdemeanor charges against Krein because authorities failed to prosecute the case. A motion Clifford filed to expunge them from Krein's record, however, was denied by Kanawha Circuit Judge Charles King.
Reach Kate White at kate.wh...@wvgazette.com or 304-348-1723.