The FBI is investigating two former West Virginia State Police officers for possible civil rights violations while on duty.
CHARLESTON, W.Va. -- The FBI is investigating two former West Virginia State Police officers for possible civil rights violations while on duty.
Joe Ciccarelli, FBI supervisory senior resident agent in Charleston, confirmed that former troopers A.H. Young and K.E. Young are being investigated for allegations stemming from their arrest of Brian Joseph Wilson, 32, of Charleston on July 28.
The Youngs, who are brothers, arrested Wilson and charged him with operating a meth lab, possession of pseudoephedrine in an altered state, conspiracy and assault on a police officer.
John A. Carr, Wilson's attorney, said there was an altercation between the two troopers and Wilson in the State Police barracks in South Charleston.
"We dispute the complaint filed against Mr. Wilson and we have reported the matter to the FBI," Carr said.
State Police spokesman Sgt. Michael Baylous confirmed that the Young brothers haven't worked as State Police officers since at least September. They resigned, he said.
The agency has not received any outside complaints concerning Wilson's arrest, said Maj. G.A. Ingold, head of the State Police professional standards section. Ingold said he couldn't comment on internal investigations.
"We may look into something without a complaint but nobody brought anything to our attention," he said.
Col. Timothy Pack, superintendent of the State Police, did not return phone calls seeking comment on the allegations. Pack has declined all requests for interviews by Gazette reporters since being appointed superintendent by Gov. Joe Manchin in December 2008. Prior to his appointment he was director of the governor's security detail.
On July 28, State Police were searching for another man when they knocked on the door of a residence on Kensington Lane in Cross Lanes, according to a criminal complaint filed against Wilson by Trooper L.W. Price.
Police smelled methamphetamine when the door was opened, according to the complaint. After obtaining a search warrant, State Police, including a Cpl. Young, found a meth lab inside the home, according to Price's criminal complaint. Wilson and several other people were charged, according to the complaint.
In the processing room at the State Police's South Charleston detachment, Wilson asked to use the bathroom, according to a different criminal complaint, prepared by K.E. Young, that charges Wilson with assault on a police officer.
K.E. Young wrote in the complaint that he asked Wilson if he could hold it.
"If you don't I'll just piss on your floor," Wilson allegedly said.
CHARLESTON, W.Va. -- The FBI is investigating two former West Virginia State Police officers for possible civil rights violations while on duty.
Joe Ciccarelli, FBI supervisory senior resident agent in Charleston, confirmed that former troopers A.H. Young and K.E. Young are being investigated for allegations stemming from their arrest of Brian Joseph Wilson, 32, of Charleston on July 28.
The Youngs, who are brothers, arrested Wilson and charged him with operating a meth lab, possession of pseudoephedrine in an altered state, conspiracy and assault on a police officer.
John A. Carr, Wilson's attorney, said there was an altercation between the two troopers and Wilson in the State Police barracks in South Charleston.
"We dispute the complaint filed against Mr. Wilson and we have reported the matter to the FBI," Carr said.
State Police spokesman Sgt. Michael Baylous confirmed that the Young brothers haven't worked as State Police officers since at least September. They resigned, he said.
The agency has not received any outside complaints concerning Wilson's arrest, said Maj. G.A. Ingold, head of the State Police professional standards section. Ingold said he couldn't comment on internal investigations.
"We may look into something without a complaint but nobody brought anything to our attention," he said.
Col. Timothy Pack, superintendent of the State Police, did not return phone calls seeking comment on the allegations. Pack has declined all requests for interviews by Gazette reporters since being appointed superintendent by Gov. Joe Manchin in December 2008. Prior to his appointment he was director of the governor's security detail.
On July 28, State Police were searching for another man when they knocked on the door of a residence on Kensington Lane in Cross Lanes, according to a criminal complaint filed against Wilson by Trooper L.W. Price.
Police smelled methamphetamine when the door was opened, according to the complaint. After obtaining a search warrant, State Police, including a Cpl. Young, found a meth lab inside the home, according to Price's criminal complaint. Wilson and several other people were charged, according to the complaint.
In the processing room at the State Police's South Charleston detachment, Wilson asked to use the bathroom, according to a different criminal complaint, prepared by K.E. Young, that charges Wilson with assault on a police officer.
K.E. Young wrote in the complaint that he asked Wilson if he could hold it.
"If you don't I'll just piss on your floor," Wilson allegedly said.
Cpl. A.H. Young told Wilson to use the bathroom and stop being belligerent, according to the complaint.
Wilson "insisted on back talking Cpl. A.H. Young," K.E. Young wrote in the complaint. "I got up from my chair and went into the bathroom to see what the commotion was. The defendant was still being belligerent. [Wilson] leaned down into my face and said, 'I ain't f---ing scared of you or nobody else.'
"At this time Cpl. A.H. Young pushed the defendant against the bathroom wall to create distance between the defendant and myself. The defendant was re-handcuffed and placed in the processing area without further incident," K.E. Young wrote in the complaint.
Ciccarelli said that the FBI generally conducts two types of civil rights investigations. The first is a preliminary investigation where the alleged victim, perpetrator and the person who initiated the complaint are interviewed. Agents gather any medical files, photos and other evidence associated with the potential crime, and the agency being investigated is notified, Ciccarelli said.
The preliminary investigation results are presented to the U.S. Attorney's office, which decides with the FBI whether to pursue the case.
If a full investigation is warranted, agents pursue other types of evidence, interview all witnesses, and get a copy of the internal investigation prepared by the agency, if one exists, Ciccarelli said.
The sealed internal investigation file is opened by a U.S. Justice Department official who is not involved in the investigation, Ciccarelli said. Because police can be compelled to give incriminating statements during internal investigations, it's the official's job to redact anything the FBI can't use in their investigation.
"But there can be other things in there, other witnesses we are not aware of. There are lots of things that might be useful in an investigation," Ciccarelli said. "They can pull that stuff out of there."
Federal authorities have recently investigated State Police on at least two other occasions.
In July, FBI officials confirmed they were investigating Trooper C.N. Workman, who is accused of handcuffing a man to the floor of the Princeton detachment and beating him. The alleged victim said he was beaten because he was sleeping with the trooper's wife.
In April 2009, a federal grand jury launched a criminal investigation into the alleged beating of Charleston attorney Roger A. Wolfe by troopers while in custody at the State Police barracks in South Charleston.
Wolfe, who serves as chairman of the labor and employment group at the law firm Jackson Kelly, was hospitalized following the alleged beating after his arrest on DUI charges on June 17, 2007. No charges were filed against troopers.
Reach Gary Harki at gha...@wvgazette.com or 304-348-5163.
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