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Here's a breakdown of these cases as well as a roundup of other DPD officers involved in excessive force lawsuits.

Case settled

The most recent case, filed by Charleston resident Anthony Reese, is the latest in a series of high-dollar payouts tied to the Dunbar ÃÛÁÄÖ±²¥ Department ÃÛÁÄÖ±²¥” where officers remain on the job despite misconduct allegations, a lack of disciplinary action and resistance to public records requests.

According to attorneys Dante' diTrapano and Jesse Forbes, the case was filed in late 2023 on behalf of Reese, and involved DPD officers Todd Hannah, Adam Mason and Zachary Winters. The lawsuit alleged that Reese visited the Dunbar ÃÛÁÄÖ±²¥ Department on Dec. 3, 2022, after receiving a call about a book he had left there. He also planned to speak with Winters about prior alleged harassment by other officers, including Hannah.

The suit claimed that Hannah turned off his body camera during the encounter, while station security footage captured subsequent events. Reese alleged that Hannah radioed for backup, threw Reese to the ground and struck him.

According to the complaint, six additional officers, including Winters, joined and participated in the use of force. Reese was later transported to WVU | Thomas Hospitals and then to South Central Regional Jail, where he spent three days in the medical unit. The suit also alleged that HannahÃÛÁÄÖ±²¥™s official report contained false information.

Reese incurred approximately $18,000 in medical expenses, according to diTrapano. The attorney noted the settlement amount reflects not just the individual incident but a broader pattern of conduct involving the department.

According to a news release from Forbes and diTrapano, Reese's complaint said he suffered blunt force trauma to the head, scalp, face, abdomen, chest, back and knees and was treated at Thomas Memorial Hospital for his injuries. Video from body cam footage in the litigation showed blood and injuries to Reese and that Winters, who was supposedly off duty at the time, accompanied Reese to the hospital.

The lawsuit further asserted that despite no probable cause, Reese was arrested and charged with obstructing, assaulting an officer and public intoxication by the Dunbar officers. Despite the arrest report alleging he smelled of alcohol, the lawsuit stated that hospital records confirmed no alcohol was present in ReeseÃÛÁÄÖ±²¥™s system.

Municipal liability and officer retention

DiTrapano said the recent case against the city included , a legal doctrine that allows municipalities to be held liable if a pattern of misconduct is tied to official policies or a failure to intervene.

Such claims require evidence that the city was aware of problematic conduct and failed to act.

"The reason this is happening is ... they retain these officers," diTrapano said. WintersÃÛÁÄÖ±²¥™ continued employment following an earlier case, where he was accused of being involved in the death of Michael Scott, resulted in a $2 million settlement.

diTrapano continued, ÃÛÁÄÖ±²¥œOur clients in the Dunbar cases have used the civil justice system to right these alleged wrongs, and through these efforts, the hope is that this attention drives change. As alleged here, had those changes taken place after the Scott case [2022] additional people would not have suffered."

"The Michael Scott Jr. case should have been an opportunity for Dunbar and the broader police community to come together and solve the tragic problems that led to his death," Forbes said. "Unfortunately, not only did that not occur, within a few months of MichaelÃÛÁÄÖ±²¥™s tragic death, the same officer was involved in these allegations."

Combined, the city's settlements where Winters is named total more than $3 million.

During a deposition in the Reese case, Winters continuously invoked his Fifth Amendment right not to incriminate himself while Forbes interrogated him, according to court documents. The attorney said this went on "for hours."

ÃÛÁÄÖ±²¥œTo have a police officer come into a court proceeding wearing his badge and uniform, on the taxpayerÃÛÁÄÖ±²¥™s dime, and take the Fifth Amendment for hours on end is truly astonishing," Forbes said. "Typically, the police are the ones listening to an alleged perpetrator invoke their right to remain silent, not the other way around. Certainly, everyone has constitutional protections, but we expect to be able to rely on our police officers to tell the truth, the whole truth and nothing but the truth. What the filings here demonstrate is that this officer refused to tell anything of substance."

According to diTrapano, while this is legally permitted, juries in civil cases are allowed to interpret such silence when determining liability, which could open the city to potential legal hardships down the road.

Hannah resigned from the DPD while under investigation. He was later hired by the Marmet ÃÛÁÄÖ±²¥ Department in August 2023.

The City of Dunbar would not comment on internal investigations into officers involved in these or other incidents. Mayor Scott Elliott and Chief John Garten previously confirmed that internal reviews are ongoing and that an assistant chief of police was hired to complete the job in February, but declined to share further details, including timelines or whether specific officers are under review.

A separate incident

In a separate matter, DPD Officer Mike Lester was removed from his school resource officer assignment at Dunbar Middle School following an April 3 incident involving a 13-year-old student.

According to a school restraint documentation form filed in the matter, the student had intervened to stop a fight in the gym and became upset when other students verbally reacted to him breaking up the fight.

The form stated that the student threw his jacket and a water bottle but did not pose a threat to himself, others or school property.

The restraint form indicates Lester entered the gym, directed the student to leave, and, when the student did not comply, physically removed him by dragging and pushing him down the hallway. It notes that ÃÛÁÄÖ±²¥œthe studentÃÛÁÄÖ±²¥™s feet left the ground on multiple occasions.ÃÛÁÄÖ±²¥� The form also indicates no de-escalation techniques were used.

On April 17, Lester filed a juvenile petition in Kanawha County Circuit Court, alleging the student obstructed an officer, caused a disturbance at school and committed battery against him. The petition states that the student screamed, cursed, bumped the officer and kicked him.

In a statement, Kanawha County Schools (KCS) said:

"During an incident with a student, Officer Lester, despite his training, chose to address the student. While addressing the student, Officer Lester put his hands on the student in a manner that Dunbar Middle School administration found inappropriate and excessive. They reported this encounter to the Superintendent and the Legal Department. Upon receiving the report, video of the incident was viewed and contact was made with Officer Lester and the Dunbar ÃÛÁÄÖ±²¥ Department stating that Officer Lester is not to return to Dunbar Middle School as the SRO."

The boy's mother, Deidra Adams, said, "There is allegedly an open investigation. I had to go to the mayor of Dunbar, but they said they wonÃÛÁÄÖ±²¥™t or canÃÛÁÄÖ±²¥™t discuss the investigation with me."

While Adams said the judge "found no probable cause and dismissed the charges" against her son, she said her son has struggled while trying "to get back to normal."

Adams also said her son "fell into a depression" and cut his hair "because he felt as if he was being racially profiled."

She added, "the overall experience of trial definitely scared him."

Prior to this incident, KCS said there had not been a previous excessive-force or violence issue with Lester that was reported to KCS.

Garten, the DPD chief, has not returned multiple requests for comment on the incident.

Current conditionsÌý

According to a current DPD roster, Mason, Winters and Lester are all still on the force. In response to a Gazette-Mail Freedom of Information Act request asking if any of the officers were or are currently on administrative leave, city attorney Stephen Swisher said the city was not required to disclose that information.

However, another FOIA request sent to theÌýWest Virginia Department of HomelandÌýSecurity, Division of Administrative Services, Justice and Community Services indicated that Mason was placed on administrative leave on April 3.

Although the department has not fired any officers since at least January 2022, nine have voluntarily resigned, including Hannah, according to records.

Brian Oxley, who served as the police chief for three years before resigning last August cited in his resignation letter, "an increasingly political environment" as a key reason for his departure. He also noted that he disagreed with decisions about the police department being affected by "external pressures and outside influences."

Oxley wrote: "The outside influence on our work undermines our credibility, erodes public trust, and hampers our ability to protect and serve with impartiality."

Oxley could not be reached for comment for this story.

The cases have been investigated with no charges brought to the DPD by the FBI, and the Kanawha County Prosecutor's Office also declined to charge the officers. However, in a report released last fall, the Dunbar Civil Service Commission recommended disciplinary action.

At a May 19 meeting, the DCSC asked why no disciplinary action had been taken following its report and the hiring of a new chief and deputy chief. Commissioners said they require information from ongoing internal investigations to fulfill their duties, but city officials said they cannot release personnel information while civil litigation is ongoing.

According to records, eight DPD officers took part in a Mental Health First Aid class led by Prestera in early 2024, including Mason. This training was not completed by Winters.

Two other officers who are still on the force also completed 's course, designed for law enforcement trainers to teach officers and other personnel how to navigate emotionally charged encounters without violence, when possible.

Garten has not returned multiple requests for comment to see if there is ongoing de-escalation training for officers.