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400 W. STEPHEN STREET, SUITE 201 A
MARTINSBURG, WV 25401
PHONE: (304) 267 - 5009
FAX: (304) 267-5049

NORWOOD BENTLEY
LEGAL DIRECTOR

December 4, 2018

David A. Barnette, Esquire
Jackson Kelly PLLC
Post Office Box 553
Charleston, West Virginia 25322

VIA ELECTRONIC MAIL:
dbarnette@jacksonkelly.com and
UNITED STATES MAIL

Dear David:
Thank you for alerting me to the FOIA response to your client from Sheriff Keller in
Berkeley County. The Request, from Brad McElhinny, will be honored as legitimate despite the
Sheriffs Office having indicated to your client that they would not honor it in the form of
electronic mail.
Mr. McElhinny requested any video recording representing a November 19, 2018,
altercation among police and a 16-year-old whom the police were attempting to apprehend.
The dash camera video that does exist pertaining to the incident on November 19, 2018,
is from Berkeley County Sheriffs Office cruisers. Pursuant to West Virginia Code§ 29B-1-4,
the video is exempted from disclosure, at this time, because it is a record which deals with the
investigation and detection of an alleged crime-which was compiled as part on the inquiry into
the suspected violations of the law. It is part of an on-going investigation of those allegations,
the premature disclosure of which would compromise the criminal and administrative
investigations.
The video will be released upon the Prosecuting Attorney's determination that the
investigation is complete.
The Berkeley County Sheriff will assure the video's release to your client as soon as the
Prosecuting Attorney makes that determination.

~:::J

Norwood Bentley III
cc:

The Honorable Catie Wilkes Delligatti, Prosecuting Attorney
The Honorable Curtis Keller, Sheriff