Troopers ran ATV off road, beat rider...

Troopers ran ATV off road, beat rider, lawsuit alleges

There are 53 comments on the Charleston Gazette story from Jul 18, 2012, titled Troopers ran ATV off road, beat rider, lawsuit alleges. In it, Charleston Gazette reports that:

Two State Police troopers ran an ATV off of a rural Raleigh County road and beat its driver while he was in custody, a lawsuit filed earlier this month alleges.

Join the discussion below, or Read more at Charleston Gazette.

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Tim

Beaver, WV

#1 Jul 18, 2012
If this is true it sounds serious.
1 post removed
thewayitis

Beckley, WV

#3 Jul 18, 2012
Of all places why was he on the road. I have to buy insurance mufflers and stickers, not to mention a license plate so I don't blame them if thats what it takes.
kerry

Oak Hill, WV

#4 Jul 18, 2012
do you think he deserves to be beaten as well for riding a four wheeler on a side road?
1 post removed
boo

Mount Hope, WV

#6 Jul 18, 2012
hell yal, some people need a good ass kicking to get get the point across.
Mike

Beckley, WV

#7 Jul 18, 2012
thewayitis wrote:
Of all places why was he on the road. I have to buy insurance mufflers and stickers, not to mention a license plate so I don't blame them if thats what it takes.
You're an idi-t.
Ignorance is all around

Charleston, WV

#8 Jul 18, 2012
thewayitis wrote:
Of all places why was he on the road. I have to buy insurance mufflers and stickers, not to mention a license plate so I don't blame them if thats what it takes.
It's NOT against the law!

Here's a little FYI...

CHAPTER 17F. ALL-TERRAIN VEHICLES.

(b) An all-terrain vehicle may, for the sole purpose of getting from one trail, field or area of operation to another, be operated upon the shoulder of any road, street or highway referred to in subdivision (2), subsection (a) of this section, other than an interstate highway, for a distance not to exceed ten miles, if:

(1) The vehicle is operated at speeds of twenty-five miles per hour or less; and

(2) The vehicle is operated at any time from sunset to sunrise, the all-terrain vehicle must be equipped with headlights and taillights which must be illuminated.
nobody

Parkersburg, WV

#9 Jul 18, 2012
It is a sad day for America when people believe it is perfectly acceptable for the police to violate someone's right just because they may have been committing a very minor crime. What in the world is going through that little pea brain of yours? "DERR he was ridin da fourwheeler HUH?!?! da cops should beat him huh?!?!?" What a couple of fucking retards. Even if you were accused of murder the cops have no right to beat you, even if you are eventually found guilty of being a goddamn werewolf you still have rights and do not deserve to get the shit kicked out of you while you are restrained and cuffed. This is still fucking America, and we still have rights.. for now.
obamanomics

Beckley, WV

#10 Jul 18, 2012
I don't think a werewolf is covered by the Constitution but I get your point.
You edited

Pineville, WV

#11 Jul 18, 2012
Ignorance is all around wrote:
<quoted text>
It's NOT against the law!
Here's a little FYI...
CHAPTER 17F. ALL-TERRAIN VEHICLES.
(b) An all-terrain vehicle may, for the sole purpose of getting from one trail, field or area of operation to another, be operated upon the shoulder of any road, street or highway referred to in subdivision (2), subsection (a) of this section, other than an interstate highway, for a distance not to exceed ten miles, if:
(1) The vehicle is operated at speeds of twenty-five miles per hour or less; and
(2) The vehicle is operated at any time from sunset to sunrise, the all-terrain vehicle must be equipped with headlights and taillights which must be illuminated.
You should have put the entire section.

17F-1-1. Acts prohibited by operator; penalties for violations.
(a) No all-terrain vehicle may be operated in this state:

(1) On any interstate highway except by public safety personnel responding to emergencies;

(2) On any road or highway with a center line or more than two lanes except for the purpose of crossing the road, street or highway, if:

(A) The crossing is made at an angle of approximately ninety degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;

(B) The vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway;

(C) The operator yields his or her right-of-way to all oncoming traffic that constitutes an immediate potential hazard; and

(D) Both the headlight and taillight are illuminated when the crossing is made if the vehicle is so equipped;

(3) With more than one passenger unless more passengers are allowed under manufacturers' recommendations;

(4) With a passenger under the age of eighteen, unless the operator has at a minimum a level two intermediate driver's license or its equivalent or is eighteen years of age or older;

(5) Unless riders under the age of eighteen are wearing size appropriate protective helmets that meet the current performance specifications established by the American national standards institute standard, z 90.1, the United States department of transportation federal motor vehicle safety standard no. 218 or Snell safety standards for protective headgear for vehicle users;

(6) Anytime from sunset to sunrise without an illuminated headlight or lights and taillights;

(7) Without a manufacturer-installed or equivalent spark arrester and a manufacturer-installed or equivalent muffler in proper working order and properly connected to the vehicle's exhaust system; or

(8) Unless operating in compliance with the provisions of section two of this article.

(b) An all-terrain vehicle may, for the sole purpose of getting from one trail, field or area of operation to another, be operated upon the shoulder of any road, street or highway referred to in subdivision (2), subsection (a) of this section, other than an interstate highway, for a distance not to exceed ten miles, if:

(1) The vehicle is operated at speeds of twenty-five miles per hour or less; and

(2) The vehicle is operated at any time from sunset to sunrise, the all-terrain vehicle must be equipped with headlights and taillights which must be illuminated.

(c) Operation of an all-terrain vehicle in accordance with subsection (b) shall not constitute operation of a motor vehicle on a road or highway of this state as contemplated by the provisions of section seven of this article.

(d) Notwithstanding any provision of this chapter to the contrary, a municipality, county or other political subdivision of the state may authorize the operation of all-terrain vehicles on certain specified roads, streets or highways which are marked with centerline pavement markings, other than interstate highways, to allow participation in parades, exhibitions and other special events, in emergencies or for specified purposes.
Ignorance is all around

Charleston, WV

#12 Jul 18, 2012
You edited wrote:
<quoted text>
You should have put the entire section.
17F-1-1. Acts prohibited by operator; penalties for violations.
(a) No all-terrain vehicle may be operated in this state:
(1) On any interstate highway except by public safety personnel responding to emergencies;
(2) On any road or highway with a center line or more than two lanes except for the purpose of crossing the road, street or highway, if:
(A) The crossing is made at an angle of approximately ninety degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;
(B) The vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway;
(C) The operator yields his or her right-of-way to all oncoming traffic that constitutes an immediate potential hazard; and
(D) Both the headlight and taillight are illuminated when the crossing is made if the vehicle is so equipped;
(3) With more than one passenger unless more passengers are allowed under manufacturers' recommendations;
(4) With a passenger under the age of eighteen, unless the operator has at a minimum a level two intermediate driver's license or its equivalent or is eighteen years of age or older;
(5) Unless riders under the age of eighteen are wearing size appropriate protective helmets that meet the current performance specifications established by the American national standards institute standard, z 90.1, the United States department of transportation federal motor vehicle safety standard no. 218 or Snell safety standards for protective headgear for vehicle users;
(6) Anytime from sunset to sunrise without an illuminated headlight or lights and taillights;
(7) Without a manufacturer-installed or equivalent spark arrester and a manufacturer-installed or equivalent muffler in proper working order and properly connected to the vehicle's exhaust system; or
(8) Unless operating in compliance with the provisions of section two of this article.
(b) An all-terrain vehicle may, for the sole purpose of getting from one trail, field or area of operation to another, be operated upon the shoulder of any road, street or highway referred to in subdivision (2), subsection (a) of this section, other than an interstate highway, for a distance not to exceed ten miles, if:
(1) The vehicle is operated at speeds of twenty-five miles per hour or less; and
(2) The vehicle is operated at any time from sunset to sunrise, the all-terrain vehicle must be equipped with headlights and taillights which must be illuminated.
(c) Operation of an all-terrain vehicle in accordance with subsection (b) shall not constitute operation of a motor vehicle on a road or highway of this state as contemplated by the provisions of section seven of this article.
(d) Notwithstanding any provision of this chapter to the contrary, a municipality, county or other political subdivision of the state may authorize the operation of all-terrain vehicles on certain specified roads, streets or highways which are marked with centerline pavement markings, other than interstate highways, to allow participation in parades, exhibitions and other special events, in emergencies or for specified purposes.
No editing... never removed a word. Just got to the point!
Larry

Chesapeake, VA

#13 Jul 18, 2012
nobody wrote:
It is a sad day for America when people believe it is perfectly acceptable for the police to violate someone's right just because they may have been committing a very minor crime. What in the world is going through that little pea brain of yours? "DERR he was ridin da fourwheeler HUH?!?! da cops should beat him huh?!?!?" What a couple of fucking retards. Even if you were accused of murder the cops have no right to beat you, even if you are eventually found guilty of being a goddamn werewolf you still have rights and do not deserve to get the shit kicked out of you while you are restrained and cuffed. This is still fucking America, and we still have rights.. for now.
I you and I were talking face to face and you were to call me a F**king reatard as you just called this person, I would have the right to break the law and beat the living shit out of you, which I would do!(only if you were a male) but then the law would have the right to deal with me, but it would be worth it just to shut you mouth!!
You edited

Pineville, WV

#14 Jul 18, 2012
Ignorance is all around wrote:
<quoted text>
No editing... never removed a word. Just got to the point!
I like that you got to the point, but it was just one section that dealt with traveling between trails. I don't know that that is the case in this situation. Besides, I've got my opinion about this: it sounds to me like another person trying to sue to get pill money. Assaulted in the police station? Come on. Too many potential witnesses there. And what he claims happened earlier? Roll my eyes. I've lived in southern WV long enough to know what kind of things people do to try and get free cash from the government.
Don

Beckley, WV

#15 Jul 18, 2012
You edited wrote:
<quoted text>
I like that you got to the point, but it was just one section that dealt with traveling between trails. I don't know that that is the case in this situation. Besides, I've got my opinion about this: it sounds to me like another person trying to sue to get pill money. Assaulted in the police station? Come on. Too many potential witnesses there. And what he claims happened earlier? Roll my eyes. I've lived in southern WV long enough to know what kind of things people do to try and get free cash from the government.
Sounds to me like you need to move to another State, I'm sure an attorney wouldn't want to waste his time and money if there wasn't something to this. Sounds to me like a case of your typical now a day cops who think because they have a badge and a gun on their side that they can treat you anyway they want because most people won't do anything about it. Thank you Mr. Price, if more people would do this maybe we could get more of the worthless so called cops off the streets.
Addicts

Saint Albans, WV

#16 Jul 18, 2012
I can not believe that all of this would have happened and the man had no clue why he was arrested! If they just wanted to beat him then why take him to jail. Just let him go! Why didn't he ask why? Who do people think they can break the law and not get punished then want to file a lawsuit! I sure he did something and I am sure it was explained to him! I wonder if he already had a criminal record!!!!!! I am sure he does!
Stood By Too Long

Madison, WV

#17 Jul 18, 2012
Only a stupid cop would ever defend the actions taken by these officers. I don't care if they caught the guy dealing coke to grade school kids, at no point do they have the right to violate people's rights. It happens all the time where I live. But the few people that have the guts to sue over it almost always win because everyone here knows how stupid and pathetic some of the officers here are. I hope they bankrupt the state police budget. Then I hope they charge these guys with attempted murder. Anyone who can cuff a stranger to a bench and take shots at him should be cut down at the knees so he never again gets the chance to step on another's rights.
You edited

Pineville, WV

#18 Jul 18, 2012
Don wrote:
<quoted text> Sounds to me like you need to move to another State, I'm sure an attorney wouldn't want to waste his time and money if there wasn't something to this. Sounds to me like a case of your typical now a day cops who think because they have a badge and a gun on their side that they can treat you anyway they want because most people won't do anything about it. Thank you Mr. Price, if more people would do this maybe we could get more of the worthless so called cops off the streets.
There are lawyers that chase ambulances all day long. Besides, I voiced an opinion, you're speaking like it's God's honest truth, without knowing anything other than what was in the article. Do you not believe in "innocent until proven guilty"? It goes for these officers too.
Whip em good

Beckley, WV

#19 Jul 18, 2012
All hours of the day and night, there are people riding LOUD 4 wheelers on the road. I've wanted to take a lug wrench to a few riders myself.

I mean, driving by the house at midnight or later...gunning your engine and tearing down the road...really!?
IT man

Roanoke, VA

#20 Jul 18, 2012
What this turd wasn't counting on is the fact the beckley detachment has video and audio in the entire building....good luck Dirtbag on getting money...BTW, the audio is so good, it can pick up a male urinating in the bathroom....and before anyone says it...no there is not any video or audio in the bathrooms...
thewayitis

Beckley, WV

#21 Jul 18, 2012
Ignorance is all around wrote:
<quoted text>
It's NOT against the law!
Here's a little FYI...
CHAPTER 17F. ALL-TERRAIN VEHICLES.
(b) An all-terrain vehicle may, for the sole purpose of getting from one trail, field or area of operation to another, be operated upon the shoulder of any road, street or highway referred to in subdivision (2), subsection (a) of this section, other than an interstate highway, for a distance not to exceed ten miles, if:
(1) The vehicle is operated at speeds of twenty-five miles per hour or less; and
(2) The vehicle is operated at any time from sunset to sunrise, the all-terrain vehicle must be equipped with headlights and taillights which must be illuminated.
They go past my house at midnight with only a flashlight, the road has a double yellow line and they pass cars, that isn't safe but I guess if it is your kids that makes it alright.
1 post removed
Longtime

Beckley, WV

#23 Jul 18, 2012
Since this is an open forum, here's my take without any other information than was provided in the Charleston Gazette Article. I will admit some bias considering I sadly read all the replies to this before making my own... so by default, opinion will contain some information other than that provided in the article.

( http://wvgazette.com/News/201207170144 )

How about... the guy was going down a legal road (no lines) on his ATV towing a trailer. The troopers didn't see him in time and rear-ended the trailer, thus the events of the accuser unfolded.

OR.. The police have an in car cam showing their attempt to pull the accuser over unsuccessfully and deciding to force him off the road after deciding he may harm others if he proceeded further, and the events described may or may not have ever occurred....

ORRRRR...... the troopers involved had been drinking, so their only option after rear-ending the ATV trailer and forcing it into a ditch, were to beat him unconscious or to a point they felt he wouldn't remember anything happening.

FACT: Until we the jury of the Topix forums have more information from a reliable source, could come up with stories or theories of what happened that faithful day when dude went out riding...

Good day.(I miss hearing that on the radio.)

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