CHARLESTON, W.Va. -- On May 6, West Virginia State Trooper J.R. Martin went missing while on duty. By all accounts, the Preston County 911 center lost contact with him for several hours that day.

He was eventually found in the Bruceton-Brandonville fire hall at about 11 p.m. He told a State Police investigator he consumed alcohol after arriving at the firehouse, according to the State Police traffic report of the incident. His cruiser bore scrapes from a guardrail, according to the report.

He has not been charged with any crime. The investigator said he was unable to determine when the trooper consumed alcohol.

Aside from the traffic report, the State Police has conducted an internal investigation into the incident -- an investigation agency officials say they can't release to the public.

Whether Martin is punished for the incident -- whether he even did anything wrong -- is something the State Police says the public doesn't have a right to know.

"You will never know the conclusion of this or what occurs," Capt. Gordon Ingold, head of the State Police professional standards section, recently told a Dominion Post reporter in Morgantown.

Based on the legislative rules that govern the State Police, Ingold said Thursday, there is simply no way to release any information from an internal investigation.

"It puts us in a position of not necessarily being able to defend ourselves," he said, "and people assume we are not telling arbitrarily, that we are withholding information."

There are many incidents where State Police officers have been accused of abuses of power and violent acts and the public has not found out whether they really happened.

"Any wrongdoing will not be tolerated," said Jama Jarrett, spokeswoman for Gov. Joe Manchin's office. "If and when investigations reveal criminal activity or incompliance, then such cases will be taken to the next level of prosecution."

Five alleged beatings, two alleged sex crimes, the alleged beating of a cadet at the State Police Academy and the incident with Martin have lingering questions about what happened, although some of the incidents have been taken to a prosecutor or grand jury.

A source familiar with State Police internal affairs investigations says there are situations where troopers aren't telling the truth and that fact has been overlooked by State Police administrations.

The Gazette-Mail agreed to publish the person's comments without using their name because the source feared retribution from the State Police if their identity were known.

"If a complaint is sustained, then the department looks bad. Then one of the guys did something wrong. That is the best reason it may be overlooked," the source said. "I don't want to say [that happens] a lot. I don't think it's very common -- but if it happens once, it's too much."

'We live in a litigious society'

Allegations of beatings by State Police troopers have occurred with some frequency in recent years, although in none of the cases has an officer been charged with a crime.

In April, Princeton police officer and West Virginia State Police Academy basic class student Christopher Winkler said he nearly died of a blood clot on his brain after being beaten by two of his instructors during a training session at the academy.

Winkler's mother, Pamela McPeak, said an instructor told her that he saved her son's life by pulling two other instructors off Winkler when they continued to beat him while he was unconscious.

After the incident was reported by the Gazette-Mail, Gov. Joe Manchin and Kanawha County prosecutor Mark Plants called for separate investigations into the incident -- in addition to the internal investigation by the State Police.

Winkler confirmed last week that he had talked to investigators from the state Department of Military Affairs and Public Safety and from the Legislature's Commission on Special Investigations.

Sgt. Michael Baylous, spokesman for the State Police, confirmed that the internal investigation into Winkler's allegations was complete, but Winkler says investigators from State Police internal affairs did not contact him.

In October, the State Police agreed to pay $200,000 to Charleston lawyer Roger Wolfe, who sued after he said he was beaten so badly that spinal fluid came out of his nose. A federal grand jury launched an inquiry into the incident in April 2009. No troopers have been indicted.

Baylous said there have been instances where the State Police has settled lawsuits for financial reasons.

"I think that shows a flaw in the civil court system," he said. "We live in a litigious society."

Baylous said he would like to see lawyers taken to task for frivolous lawsuits.

"But this isn't about what I want to see happen," he said. "It's about financial decisions."

In Logan County, there have been at least four allegations of police brutality since 2006. The State Police has spent more than $91,000 defending itself in lawsuits stemming from those cases but has not had to pay out any money to the defendants.

Several of the troopers appear to be involved in more than one alleged incident.

CHARLESTON, W.Va. -- On May 6, West Virginia State Trooper J.R. Martin went missing while on duty. By all accounts, the Preston County 911 center lost contact with him for several hours that day.

He was eventually found in the Bruceton-Brandonville fire hall at about 11 p.m. He told a State Police investigator he consumed alcohol after arriving at the firehouse, according to the State Police traffic report of the incident. His cruiser bore scrapes from a guardrail, according to the report.

He has not been charged with any crime. The investigator said he was unable to determine when the trooper consumed alcohol.

Aside from the traffic report, the State Police has conducted an internal investigation into the incident -- an investigation agency officials say they can't release to the public.

Whether Martin is punished for the incident -- whether he even did anything wrong -- is something the State Police says the public doesn't have a right to know.

"You will never know the conclusion of this or what occurs," Capt. Gordon Ingold, head of the State Police professional standards section, recently told a Dominion Post reporter in Morgantown.

Based on the legislative rules that govern the State Police, Ingold said Thursday, there is simply no way to release any information from an internal investigation.

"It puts us in a position of not necessarily being able to defend ourselves," he said, "and people assume we are not telling arbitrarily, that we are withholding information."

There are many incidents where State Police officers have been accused of abuses of power and violent acts and the public has not found out whether they really happened.

"Any wrongdoing will not be tolerated," said Jama Jarrett, spokeswoman for Gov. Joe Manchin's office. "If and when investigations reveal criminal activity or incompliance, then such cases will be taken to the next level of prosecution."

Five alleged beatings, two alleged sex crimes, the alleged beating of a cadet at the State Police Academy and the incident with Martin have lingering questions about what happened, although some of the incidents have been taken to a prosecutor or grand jury.

A source familiar with State Police internal affairs investigations says there are situations where troopers aren't telling the truth and that fact has been overlooked by State Police administrations.

The Gazette-Mail agreed to publish the person's comments without using their name because the source feared retribution from the State Police if their identity were known.

"If a complaint is sustained, then the department looks bad. Then one of the guys did something wrong. That is the best reason it may be overlooked," the source said. "I don't want to say [that happens] a lot. I don't think it's very common -- but if it happens once, it's too much."

'We live in a litigious society'

Allegations of beatings by State Police troopers have occurred with some frequency in recent years, although in none of the cases has an officer been charged with a crime.

In April, Princeton police officer and West Virginia State Police Academy basic class student Christopher Winkler said he nearly died of a blood clot on his brain after being beaten by two of his instructors during a training session at the academy.

Winkler's mother, Pamela McPeak, said an instructor told her that he saved her son's life by pulling two other instructors off Winkler when they continued to beat him while he was unconscious.

After the incident was reported by the Gazette-Mail, Gov. Joe Manchin and Kanawha County prosecutor Mark Plants called for separate investigations into the incident -- in addition to the internal investigation by the State Police.

Winkler confirmed last week that he had talked to investigators from the state Department of Military Affairs and Public Safety and from the Legislature's Commission on Special Investigations.

Sgt. Michael Baylous, spokesman for the State Police, confirmed that the internal investigation into Winkler's allegations was complete, but Winkler says investigators from State Police internal affairs did not contact him.

In October, the State Police agreed to pay $200,000 to Charleston lawyer Roger Wolfe, who sued after he said he was beaten so badly that spinal fluid came out of his nose. A federal grand jury launched an inquiry into the incident in April 2009. No troopers have been indicted.

Baylous said there have been instances where the State Police has settled lawsuits for financial reasons.

"I think that shows a flaw in the civil court system," he said. "We live in a litigious society."

Baylous said he would like to see lawyers taken to task for frivolous lawsuits.

"But this isn't about what I want to see happen," he said. "It's about financial decisions."

In Logan County, there have been at least four allegations of police brutality since 2006. The State Police has spent more than $91,000 defending itself in lawsuits stemming from those cases but has not had to pay out any money to the defendants.

Several of the troopers appear to be involved in more than one alleged incident.

In September 2006, Angela Denise Bunting of Danville claimed four troopers beat her and sprayed her genitals with pepper spray. Troopers identified by the last names Simmons, Jones and Frye, along with an unnamed trooper, were involved, according to Bunting's lawsuit.

On March 15, 2008, Troopers Wellman, Simmons and Williams and one identified as "John Doe" allegedly beat Donald Bradley, according to his lawsuit.

On March 22, 2008, William Ball alleged that Troopers Wellman, Simmons, Moore and a "John Doe" beat him after a traffic stop.

In February of this year, Danville resident Johnny Hilbert filed a lawsuit alleging that he was beaten and harassed by Troopers Frye, Williams and Wellman.

Logan County prosecutor John Bennett said Friday that he is not aware of any criminal investigation into the most recent alleged beating. Bennett, who was not in office at the time, said he had no information on any investigations in the 2006 or 2008 allegations.

'Cover mode'

It depends on the investigator as to whether there is an honest and sincere effort when conducting an internal investigation, according to the source familiar with internal investigations. And then it depends on the administration in power as to whether there is an honest effort to handle the investigation from internal affairs.

"I've never known the department to say not to investigate that, to turn the other cheek," the source said. "They're not that blatant."

The source said it's not that the State Police allows troopers to hurt, rape and otherwise abuse their authority but that sometimes allegations of such aren't closely examined.

"Police are a product of society, and sometimes you get police that do bad things," the source said. "Police are no different, . . . and you just hope they get weeded out."

When asked if the problem officers are weeded out, or even watched more closely, the source said, "probably not."

"I think they go into cover mode more, because it makes them look bad and they've got to explain it," the source said. "I don't think they allow it, but maybe they don't act on it as hard as they should."

Baylous said the department takes issue with these comments.

"We don't find the information provided as credible," he said. "We ask that person to come forward and lay this out on the table. . . . We take every complaint seriously. I think the numbers speak for themselves."

According to a six-page public report produced by the professional standards section in 2009, 13 troopers were dismissed that year based on sustained allegations, up from 3 the previous year. An additional 19 resigned prior to discipline. There were a total of 112 incidents where action was taken in 2009, according to the report.

The number of total complaints for the department has gone down, from 257 in 2007 to 165 2009. Of the 226 allegations contained in those complaints, about 50 percent were sustained and 24 percent were not sustained. Only 6 percent were exonerated.

The State Police created several more detailed statistical reports containing information regarding the number of complaints or use-of-force incidents for each employee. The department denied a request by the Gazette-Mail for copies of the reports with names redacted.

The source with knowledge of State Police internal investigations says that, although it is never by direct action by State Police officers, the system in place allows police to cover up for other police.

"You always hear about the thin blue line. The thin blue line exists," the source said. "I think, to me, they're going to cover for police officers when they can cover for them.  . . . You have the brotherhood of police officers, and then you don't want your department looking bad."

'Confidential by rule'

The office of Capt. Gordon Ingold is sparsely decorated, with a seat for visitors that is far away from his large desk.

"There are times that I wish I could release information about something. The facts are incorrect or there are circumstances [the public] is unaware of," Ingold said Thursday, "but again, I don't believe that I have the privilege, based on the rule."

Legislative rule 81-10-6.2, part of the section that governs the State Police, says documents related to internal investigations, "shall not be released . . . except by the direction of the Superintendent or by order of a court with competent jurisdiction."

It is because of this specific rule that Ingold and the State Police administration say they can't release any information from internal investigations.

"The complaint, the nature of the complaint, any administrative discipline, all of that would be considered confidential by the rule and, as such, could not be information we would release," he said. "We believe the rule prohibits telling anything, and we don't want to be in violation of the rule."

Attempts to discuss these matters with Col. Timothy S. Pack, head of the State Police, have been unsuccessful. Pack repeatedly has refused requests for interviews and has not spoken to any Gazette-Mail reporters since becoming colonel.

"He appointed me as the West Virginia State Police spokesman," Baylous said, "and, as he does with all his appointments, he has confidence and faith in my abilities to answer all inquiries from the media."

Coming Monday: No charges for trooper accused of rape, prosecutor says.

Reach Gary Harki at gha...@wvgazette.com or 304-348-5163.