CLARKSBURG – Two Harrison
County sheriff’s deputies are accused of unlawfully entering a Lost Creek man’s
home and falsely arresting him.
William J. Cunningham and
Cory M. Heater and are named as co-defendants in a seven-count civil rights
suit filed by Saylen D. Houston. In his complaint filed May 6 in U.S. District
Court, Houston, 33, alleges the pair lacked probable cause to both enter his
home and later arrest him two years ago following an altercation with his
ex-girlfriend.
According to the suit,
Cunningham and Heater received a call at an unspecified time on May 13, 2011,
concerning a disturbance at Houston’s home. A neighbor called to report his
ex-girlfriend was beating on his door.
Upon arrival, the suit says
Cunningham and Heater encountered April Nicole Fultineer, who initially ignored
them. However, she later said “Saylen is inside by himself,” and informed them
the front door was locked.
After they knocked on his
door, the suit says Houston peered out a large picture window nearby and asked
if Cunningham and Heater had a warrant. When they told him they didn’t, Houston
denied them entry, he claims.
However, the suit says
Cunningham unholstered his pistol and kicked open the door. After entering,
Houston alleges Cunningham and Heater “took him to the floor, and beat him
about the head, face, neck, back, sides and legs with closed fists and with
feet.”
In the suit, Houston avers
that Cunningham and Heater lacked probable cause to enter his home as he was
never violent with Fultineer, who never was reported or observed to be
“‘agitated, hysterical or out of control.” Also, their use of force in subduing
him, Houston says, was “objectively unreasonable” as he posed no threat,
including making an attempt to evade or resist arrest.
After subduing him, Houston
alleges Cunningham and Heater threw Houston down a flight of stairs in the
course of taking him to their cruiser. After placing him in the backseat,
Cunningham sprayed him with mace, he claims.
According to the Harrison
Magistrate Court Clerk’s Office, Houston was charged with one count each of
obstructing, assault on a police officer and resisting arrest. In exchange for
pleading guilty to the obstructing and no contest to the resisting charges, the
Harrison County Prosecutor’s Office on Jan. 7 agreed to dismiss the assault
charge.
Magistrate Mark Gorby
sentenced Houston to a concurrent term of five days in jail on each charge, but
suspended it in lieu of 40 hours community service. Also, he assessed Houston
$585.80 in court costs.
In his suit, Houston says
Cunningham and Heater’s actions resulted in him incurring, among other things,
“bruising, lacerations, internal injuries, facial fractures, orthopedic
injuries [and] emotional distress.” In addition to claims against Cunningham
and Heater for violating his constitutional rights, Houston makes claims
against Sheriff Albert Marano and the Harrison County Commission for negligence
in failing to properly train and supervise them.
In West Virginia, sheriffs
and county commissions are co-employers of deputy sheriffs.
In his suit, Houston seeks
unspecified damages, court costs and attorneys fees. He is represented by
Lewisburg attorney Robert J. Frank.
The case is assigned to
Judge Irene B. Keeley.
Murrieta Cop Arrested on
Suspicion of Stalking
Chad Michael Bennett, 39,
was being held in lieu of $250,000 bail at Robert Presley Detention Center
following his arrest Wednesday on suspicion of stalking.