Police Misconduct Resulted in $500 Loss to Spouse

 We have received a report from a lady who has suffered a $500 loss because a deputy was in too big a hurry to take her husband to jail.

According to her report, her husband was savagely beaten on the streets of Marlinton one night by a thug. As a consequence, both her and the husband were arrested.  He was was taken to the Pocahontas Courthouse to be arraigned at the courthouse.  The magistrate was called and was on her way to the court house.  Despite one deputy's pleading to wait on the magistrate to get to the courthouse,  Deputy Brian Shinaberry rushed her husband off to Tygart's Valley Regional jail.  The magistrate was left  in the lurch and his wife had to wait until morning to bail him out.

She claims that she had the money to make bail on her person but the deputy's action resulted in her husband being jailed overnight and making bail the next day.

Due process demands that within certain time constraints all arrested persons have a right to be arraigned before a magistrate asap. 

It is the magistrates job to order bail, not a sheriff's deputy!  One person actually lost $900 when the magistrate refused to make bail.  She was admonished for this.  That has happened since then.  So this appears to be a new device to jail people before the magistrate gets there. It is a lose, lose proposition for everybody. 

The deputy owes her $500 dollars and apology AND THIS PRACTICE NEEDS TO STOP.  He should have to repay the county for its costs!!!!

This action was not the fault of the magistrate but the fault of the deputy, Shinaberry.  The matter could have been handled that night but instead the deputy had to deliver her spouse to the Tygart's Valley jail minutes before the magistrate arrived.  It cost the deputy his time, expenses, and the county $48 dollars.

The wife had to go get her husband the next morning at Elkins.  The husband has cancer and this was an unnecessary  expense for all involved.  

This validates the Commentator's charge that Tygart's Valley is too far away for poor people.

The deputy's are too anxious to transport their charges to Elkins. 

Plus,  the jail should be returning people who make bail to Pocahontas County. 

The only person we are aware of who was transported back to the county was Ferrell Kelly.