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Case Number: 2:21-cr-00065-1
Judge: Irene C. Berger
Court: United States District Court for the Southern District of West Virginia (Kanawha County)
Plaintiff's Attorney: United States Attorney’s Office
Description: Charleston, West Virginia criminal defense lawyers represented Defendant charged with depriving another of their civil rights through the use of excessive force.
Former police officer Everett Maynard was found guilty by a federal jury of violating an arrestee’s civil rights by using excessive force against him.
Maynard, 44, was convicted by a jury in Charleston for using excessive force against an arrestee while Maynard was a police officer with the Logan, West Virginia, Police Department.
The jury heard evidence over the course of two days that showed that Maynard assaulted the victim in the bathroom of the Logan Police Department before dragging him into an adjoining room, hauling him across the room, and ramming his head against a doorframe. The assault initially rendered the victim unconscious and left him with a broken shoulder, a broken nose and a cut to his head that required staples to close.
“The Constitution and its Bill of Rights afford all people in our nation the right to be free from unlawful abuse by police officers,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Department of Justice will not tolerate criminal misconduct by law enforcement officials and will hold accountable those who commit civil rights violations.”
“Everett Maynard abused his authority as a police officer and betrayed the public’s trust when he violated an arrestee’s civil rights,” said U.S. Attorney Will Thompson for the Southern District of West Virginia. “While the overwhelming majority of law enforcement officers perform their duties with honor and professionalism, those who violate the rights of others will be held accountable. The prosecution of cases like this is important to my office, the citizens of West Virginia and the policing profession. I commend P.D. Clemens, the former Chief of the Logan Police Department who now serves as the Sheriff of Logan County, for quickly referring the matter to the West Virginia State Police and the FBI for independent investigation.”
“Everett Maynard used his badge as a license to abuse his power,” said Special Agent in Charge Mike Nordwall of FBI Pittsburgh. “An officer’s use of excessive force violates the oath they are sworn to uphold and the trust placed in them by the community. The FBI is responsible for upholding the Constitution and protecting the American people, and no one is above the law, including law enforcement officers who abuse their authority.”
This case was investigated by the Pittsburgh Division of the FBI with the support of the West Virginia State Police and was prosecuted by Trial Attorney Kathryn E. Gilbert of the Civil Rights Division and Assistant U.S. Attorney Nowles Heinrich of the Southern District of West Virginia.
Outcome: Defendant was found guilty. He faces a maximum penalty of 10 years of imprisonment.