WVSP Form 191-A Effective 11/2012 Page 1of 17 State of West Virginia WEST VIRGINIA STATE POLICE Professional Standards Section INVESTIGATION NUMBER 18IA-062 REPORT OF INVESTIGATION OR INQUIRY DATE COMPLETED December 4, 2018 DATE OF ASSIGNED STATION COUNTY November 30, 2018 Martinsburg Berkeley INITIAL OR SUPPLEMENTARY REPORT MADE BY STATUS OF INVESTIGATION Initial First Lieutenant K. M. Smouse Complete SUBJECT OF INVESTIGATION ALLEGATIONS OF MISCONDUCT BY EMPLOYEES OF THE WEST VIRGINIA STATE POLICE NAME OF EMPLOYEE(S): Trooper First Class D. R. Walker West Virginia State Police Martinsburg Detachment 14 Trooper Drive Martinsburg, West Virginia 25401 (304)267-0001 Trooper First Class M. W. Kennedy West Virginia State Police Martinsburg Detachment 14 Trooper Drive Martinsburg, West Virginia 25401 (304)267-0001 COMPLAINANT: Internal ALLEGATION(S): Violation of Title 81, Legislative Rule, West Virginia State Police 81CSR10.11.3.2.1, a Group II Offense, the employee failed to perform assigned work, or otherwise comply with State Police policy and procedure or administrative rules. Violation of Title 81, Legislative Rule, West Virginia State Police 81CSR10.11.3.3.19, a Group III Offense, the employee violated any law or engaged in criminal conduct on or off the job. Violation of Title 81, Legislative Rule, West Virginia State Police 81CSR10.11.3.3.28, a Group III Offense, the employee used unnecessary force during an arrest/custody procedure. Violation of Title 81, Legislative Rule, West Virginia State Police 81CSR10.11.3.3.33, a Group III Offense, the employee committed conduct unbecoming; misconduct of a substantial nature affecting the rights and interests of the public, or that casts aspersions or doubt upon a law enforcement officer’s honesty and/or integrity and that directly affects the rights and interests of the public. This is an internal affairs memorandum that is exempt from disclosure under the West Virginia Freedom of Information Act W. Va. Code §29B-1-4(a)(4), 29B-14(a)(8) and §81CSR10.6.2. Copies should not be distributed to persons outside of this agency without the express authorization of the Superintendent or by order of a court with competent jurisdiction. Unauthorized disclosure of this document may be grounds for disciplinary action. Page 2 of 17 Violation of Title 81, Legislative Rule, West Virginia State Police 81CSR10.11.3.3.34, a Group III Offense, the employee interfered with the rights or property of others. ACTION TAKEN: This is an internal affairs memorandum that is exempt from disclosure under the West Virginia Freedom of Information Act W. Va. Code §29B-1-4(a)(4), 29B-14(a)(8) and §81CSR10.6.2. Copies should not be distributed to persons outside of this agency without the express authorization of the Superintendent or by order of a court with competent jurisdiction. Unauthorized disclosure of this document may be grounds for disciplinary action. Page 3 of 17 . This is an internal affairs memorandum that is exempt from disclosure under the West Virginia Freedom of Information Act W. Va. Code §29B-1-4(a)(4), 29B-14(a)(8) and §81CSR10.6.2. Copies should not be distributed to persons outside of this agency without the express authorization of the Superintendent or by order of a court with competent jurisdiction. Unauthorized disclosure of this document may be grounds for disciplinary action. Page 4 of 17 This is an internal affairs memorandum that is exempt from disclosure under the West Virginia Freedom of Information Act W. Va. Code §29B-1-4(a)(4), 29B-14(a)(8) and §81CSR10.6.2. Copies should not be distributed to persons outside of this agency without the express authorization of the Superintendent or by order of a court with competent jurisdiction. Unauthorized disclosure of this document may be grounds for disciplinary action. Page 5 of 17 and . This is an internal affairs memorandum that is exempt from disclosure under the West Virginia Freedom of Information Act W. Va. Code §29B-1-4(a)(4), 29B-14(a)(8) and §81CSR10.6.2. Copies should not be distributed to persons outside of this agency without the express authorization of the Superintendent or by order of a court with competent jurisdiction. Unauthorized disclosure of this document may be grounds for disciplinary action. Page 6 of 17 . This is an internal affairs memorandum that is exempt from disclosure under the West Virginia Freedom of Information Act W. Va. Code §29B-1-4(a)(4), 29B-14(a)(8) and §81CSR10.6.2. Copies should not be distributed to persons outside of this agency without the express authorization of the Superintendent or by order of a court with competent jurisdiction. Unauthorized disclosure of this document may be grounds for disciplinary action. Page 7 of 17 . . This is an internal affairs memorandum that is exempt from disclosure under the West Virginia Freedom of Information Act W. Va. Code §29B-1-4(a)(4), 29B-14(a)(8) and §81CSR10.6.2. Copies should not be distributed to persons outside of this agency without the express authorization of the Superintendent or by order of a court with competent jurisdiction. Unauthorized disclosure of this document may be grounds for disciplinary action. Page 8 of 17 This is an internal affairs memorandum that is exempt from disclosure under the West Virginia Freedom of Information Act W. Va. Code §29B-1-4(a)(4), 29B-14(a)(8) and §81CSR10.6.2. Copies should not be distributed to persons outside of this agency without the express authorization of the Superintendent or by order of a court with competent jurisdiction. Unauthorized disclosure of this document may be grounds for disciplinary action. Page 9 of 17 . This is an internal affairs memorandum that is exempt from disclosure under the West Virginia Freedom of Information Act W. Va. Code §29B-1-4(a)(4), 29B-14(a)(8) and §81CSR10.6.2. Copies should not be distributed to persons outside of this agency without the express authorization of the Superintendent or by order of a court with competent jurisdiction. Unauthorized disclosure of this document may be grounds for disciplinary action. Page 10 of 17 This is an internal affairs memorandum that is exempt from disclosure under the West Virginia Freedom of Information Act W. Va. Code §29B-1-4(a)(4), 29B-14(a)(8) and §81CSR10.6.2. Copies should not be distributed to persons outside of this agency without the express authorization of the Superintendent or by order of a court with competent jurisdiction. Unauthorized disclosure of this document may be grounds for disciplinary action. Page 11 of 17 This is an internal affairs memorandum that is exempt from disclosure under the West Virginia Freedom of Information Act W. Va. Code §29B-1-4(a)(4), 29B-14(a)(8) and §81CSR10.6.2. Copies should not be distributed to persons outside of this agency without the express authorization of the Superintendent or by order of a court with competent jurisdiction. Unauthorized disclosure of this document may be grounds for disciplinary action. Page 12 of 17 . CONCLUSION: This is an internal affairs memorandum that is exempt from disclosure under the West Virginia Freedom of Information Act W. Va. Code §29B-1-4(a)(4), 29B-14(a)(8) and §81CSR10.6.2. Copies should not be distributed to persons outside of this agency without the express authorization of the Superintendent or by order of a court with competent jurisdiction. Unauthorized disclosure of this document may be grounds for disciplinary action. Page 13 of 17 Violation of Title 81, Legislative Rule, West Virginia State Police 81CSR10.11.3.2.1, a Group II Offense, the employee failed to perform assigned work, or otherwise comply with State Police policy and procedure or administrative rules. This allegation as it pertains to Trooper First Class D. R. Walker is hereby Not Sustained. This allegation as it pertains to Trooper First Class M. W. Kennedy is hereby Sustained. Violation of Title 81, Legislative Rule, West Virginia State Police 81CSR10.11.3.3.19, a Group III Offense, the employee violated any law or engaged in criminal conduct on or off the job. This allegation as it pertains to Trooper First Class D. R. Walker is hereby Not Sustained. However, this allegation may be modified at a later date pending the outcome of a criminal investigation. This allegation as it pertains to Trooper First Class M. W. Kennedy is hereby Not Sustained. However, this allegation may be modified at a later date pending the outcome of a criminal investigation. Violation of Title 81, Legislative Rule, West Virginia State Police 81CSR10.11.3.3.28, a Group III Offense, the employee used unnecessary force during an arrest/custody procedure. This allegation as it pertains to Trooper First Class D. R. Walker is hereby Not Sustained. This allegation as it pertains to Trooper First Class M. W. Kennedy is hereby Sustained. Violation of Title 81, Legislative Rule, West Virginia State Police 81CSR10.11.3.3.33, a Group III Offense, the employee committed conduct unbecoming; misconduct of a substantial nature affecting the rights and interests of the public, or that casts aspersions or doubt upon a law enforcement officer’s honesty and/or integrity and that directly affects the rights and interests of the public. This allegation as it pertains to Trooper First Class D. R. Walker is hereby Sustained. This is an internal affairs memorandum that is exempt from disclosure under the West Virginia Freedom of Information Act W. Va. Code §29B-1-4(a)(4), 29B-14(a)(8) and §81CSR10.6.2. Copies should not be distributed to persons outside of this agency without the express authorization of the Superintendent or by order of a court with competent jurisdiction. Unauthorized disclosure of this document may be grounds for disciplinary action. Page 14 of 17 This allegation as it pertains to Trooper First Class M. W. Kennedy is hereby Sustained. Violation of Title 81, Legislative Rule, West Virginia State Police 81CSR10.11.3.3.34, a Group III Offense, the employee interfered with the rights or property of others. This allegation as it pertains to Trooper First Class D. R. Walker is hereby Not Sustained. This allegation as it pertains to Trooper First Class M. W. Kennedy is hereby Sustained. LIST OF EXHIBITS: This is an internal affairs memorandum that is exempt from disclosure under the West Virginia Freedom of Information Act W. Va. Code §29B-1-4(a)(4), 29B-14(a)(8) and §81CSR10.6.2. Copies should not be distributed to persons outside of this agency without the express authorization of the Superintendent or by order of a court with competent jurisdiction. Unauthorized disclosure of this document may be grounds for disciplinary action. Page 15 of 17 This is an internal affairs memorandum that is exempt from disclosure under the West Virginia Freedom of Information Act W. Va. Code §29B-1-4(a)(4), 29B-14(a)(8) and §81CSR10.6.2. Copies should not be distributed to persons outside of this agency without the express authorization of the Superintendent or by order of a court with competent jurisdiction. Unauthorized disclosure of this document may be grounds for disciplinary action. Page 16 of 17 WITNESSES: Berkeley County Sheriff Curtis Keller Berkeley County Sheriff’s Office 510 South Raleigh Street Martinsburg, West Virginia 25401 (304)267-7000 Captain C. E. Platt West Virginia State Police Troop 2 Headquarters Charles Town 409 Industrial Boulevard Kearnesyville, West Virginia 25430 (304)724-7986 Sergeant M. A. Cole West Virginia State Police Martinsburg Detachment 14 Trooper Drive Martinsburg, West Virginia 25401 (304)267-0001 Senior Trooper D. M. Simerly West Virginia State Police Martinsburg Detachment 14 Trooper Drive Martinsburg, West Virginia 25401 (304)267-0001 Brian M. Boley West Virginia State Police Romney Communication TAC 525 Depot Street This is an internal affairs memorandum that is exempt from disclosure under the West Virginia Freedom of Information Act W. Va. Code §29B-1-4(a)(4), 29B-14(a)(8) and §81CSR10.6.2. Copies should not be distributed to persons outside of this agency without the express authorization of the Superintendent or by order of a court with competent jurisdiction. Unauthorized disclosure of this document may be grounds for disciplinary action. Page 17 of 17 Romney, West Virginia 26757 (304)822-3561 Mary C. Kackley Berkeley County 9-1-1 Director 803 Emmett Rousch Drive Martinsburg, West Virginia 25401 (304)263-1330 First Lieutenant K. M. Smouse West Virginia State Police Troop 0, Troop 2 Inspector 409 Industrial Boulevard Kearnesyville, West Virginia 25430 (304)724-7986 First Lieutenant K. M. Smouse First Lieutenant K. M. Smouse Troop 2 Inspector West Virginia State Police This is an internal affairs memorandum that is exempt from disclosure under the West Virginia Freedom of Information Act W. Va. Code §29B-1-4(a)(4), 29B-14(a)(8) and §81CSR10.6.2. Copies should not be distributed to persons outside of this agency without the express authorization of the Superintendent or by order of a court with competent jurisdiction. Unauthorized disclosure of this document may be grounds for disciplinary action.