HUNTINGTON ÃÛÁÄÖ±²¥” A former Cabell County sheriff has been accused of grabbing a woman by the arm and threatening to arrest her for videoing an arrest from a public sidewalk, according to a complaint filed in the U.S. District Court for the Southern District of West Virginia on Wednesday.
According to the complaint, on Aug. 5, plaintiff Emilea Burgh, a licensed clinical social worker, was standing on a public sidewalk and filming an arrest by deputies from the Cabell County SheriffÃÛÁÄÖ±²¥™s Department when she was grabbed and threatened to be arrested for obstruction by former sheriff and current Chief Deputy Chuck Zerkle.
Sheriff Doug Adams witnessed the incident and did not interfere, according to the complaint.
According to the complaint, the right to record law enforcement is protected under the First Amendment of the Constitution.
The complaint accuses Zerkle of approaching Burgh on the sidewalk, making a pass at her phone and striking her with his hand while telling her to leave.
According to the complaint, when Burgh said she was filming the actions of the deputies, Zerkle told her she would be arrested for obstruction. The complaint argues BurghÃÛÁÄÖ±²¥™s actions did not constitute obstruction under state code.
The complaint accuses Zerkle of then removing his handcuffs and shaking them in BurghÃÛÁÄÖ±²¥™s face.
According to the complaint, Zerkle then grabbed Burgh by the arm and dragged her about 15 feet to where deputies were making the other arrest. He then yelled at her to leave, according to the complaint.
The complaint accuses Zerkle of approaching Burgh two more times and denying grabbing Burgh. According to the complaint, Zerkle then placed his hands on BurghÃÛÁÄÖ±²¥™s shoulders.
Later, as Burgh went to file the complaint, Zerkle approached Burgh and admitted to ÃÛÁÄÖ±²¥œlosing his cool,ÃÛÁÄÖ±²¥ according to the complaint.
The complaint accuses Zerkle of two counts of excessive force, First Amendment retaliation, unlawful seizure, battery and assault.
The complaint also accuses Adams of failure to intervene.
The complaint further accuses Zerkle, Adams, the Cabell County SheriffÃÛÁÄÖ±²¥™s Department and the Cabell County Commission of liability for failure to hire, train and supervise, and for customs, policies and practices causing violations of the 14th Amendment.
The complaint also accuses the sheriffÃÛÁÄÖ±²¥™s department and the county commission of negligent training/supervision and all parties of intentional and/or negligent infliction of emotional distress.
Burgh asks in the complaint for compensation and demands a trial by jury.
The Herald-Dispatch has submitted a FOIA request to the Cabell County SheriffÃÛÁÄÖ±²¥™s Department asking for the body camera footage from Aug. 5, as well as other reported civilian complaints of law enforcement misconduct.
Tyler Haslam, the attorney representing Burgh, told The Herald-Dispatch, ÃÛÁÄÖ±²¥œObviously, this is deeply concerning given how the entire incident was handled, which is why we felt it warranted an immediate response to go ahead and address the actions that occurred and that were captured by multiple cellphone videos.ÃÛÁÄÖ±²¥
Haslam said if any other member of the public witnessed the event, they are invited to come forward if they choose.
When asked for a response, Zerkle said in a written message, ÃÛÁÄÖ±²¥œI have been advised by my attorney not to make a comment at this time.ÃÛÁÄÖ±²¥
