Wharton said that he wasn't aware of any investigation by Westfall or the Sheriff's Department into the incident on the video.
"It was investigated by my office in August and September 2010," the prosecutor said.
Westfall claims in his whistleblower lawsuit, filed by Parkersburg attorney Dean Furner, that he met with FBI agents on June 7 at the Cracker Barrel restaurant in Parkersburg. He says he gave them a copy of the Sawyer-Asbury video.
Westfall also says in his lawsuit that he tried to get the deputy who attacked Sawyer -- the suit does not mention Asbury by name -- punished for the incident but was told by a higher-ranking deputy not to throw the deputy "under the bus."
Westfall said he was formally notified that he was under investigation by the department in May 2010 for falsifying a report. He claims in his lawsuit that the investigation is "obvious retaliation and done out of fear that Sgt. Westfall would tell of other wrongdoings within the department."
In his lawsuit, Westfall makes other allegations of misconduct. He says the department's evidence wasn't properly kept, that two deputies "brutally battered a person of color ... who allegedly robbed a local jewelry store," and that two female inmates were improperly allowed to share one bunk in the holding facility.
Sandy has been sheriff in Wood County since January 2009. That spring, he installed the video camera that captured the incident in the holding facility.
"It was part of my effort to modernize the Wood County Sheriff's Office," he said. "We put computers in the cars, obtained modems, tried to improve efficiency."
Since the Asbury-Sawyer video, he's added more memory to the video recording system. The camera in the holding facility can now record nonstop for a month.
"We wanted to have video there," he said.
The two copies of the video -- one provided by Westfall, one by Wharton -- are almost identical.
One segment, seconds into the incident with Asbury and Sawyer, are just slightly different. Wharton's copy appears to have one frame duplicated about 20 times where Westfall's continues to play.
Furner declined to be interviewed for this story on Tuesday. In a September interview, he said he believes the video he and Sawyer have shows more of the alleged attack than the one shown by Wharton to the grand jury.
He said the video he and Sawyer have shows a punch that the tape posted by a local television station doesn't show. Wharton said that the tape provided to the media is exactly the tape shown to the grand jury.
Sandy said the video Westfall possesses is identical to the one the Sheriff's Department has.
"They should be identical because they came from the same source," he said.
Sandy said the video does jump at one point during the altercation, because of the way it was recorded. At the time, the system didn't record continuously, he said.
The video was recorded in the first place to make a record of what goes on in the holding area, he said.
"We did this at that time for the benefit of the person being arrested," Sandy said.
Reach Gary Harki at gha...@wvgazette.com or 304-348-5163.