DUNBAR, W.Va. — The Dunbar Police Civil Service Commission released two different reports Thursday showing that two officers failed to follow regulations in two separate incidents that resulted in deaths.
Lt. Adam Mason and Zachary Winters were the officers involved, and the reports stem from the deaths of citizens Michael Scott and Robert Hensley. The reports were gathered by attorney Ron Schulenberg, a former Kanawha County prosecutor. The Commission released the reports Thursday after they were discussed in a meeting earlier in the week.
Scott, who was 34, died in July 2022 after a confrontation with Dunbar Police. Lawyers say Scott died from police brutality after his skull was fractured. Scott suffered the fractured skull when Winters used excessive force, slamming Scott to the ground while in custody, according to the report. Winters claimed Scott was trying to get away.
According to the report, body camera footage from Winters does not show Scott attempting to flee or escape. The report also says that Scott, who was under the influence while in custody, may have been twisting or jerking due to being impaired. The report stated that Scott’s threat of violence was “not great if it exists.”
The report also shows that Winters and Mason, who was supposed to be supervising Winters, were “dishonest and untruthful” when investigated on the incident. The report shows Winters is accused of not describing the altercation and how physical he was with Scott.
Winters also did not accurately describe the physicality used when getting medical attention for Scott. Schulenberg, in the report, said was not enough.
“The statement to the nurse is at least misleading to a person attempting to acquire information in order to treat a patient,” Schulenberg said.
Winters was also found to have failed to aid to Scott after aggressively taking him to the ground. The report reads, “The failure to render aid is grossly improper.”
Winters and Mason also failed to take photos of Scott’s injuries as they were required to do by.
As for Mason, the incident that resulted in Scott’s death was not supervised properly according to the report. The report states that Mason did not supervise Winters and could have prevented the death from occurring. The report also alleges that Mason did not accurately report Winters’ use of force.
The City of Dunbar settled a civil lawsuit regarding Scott’s case for $2 million.
The second incident involved motorcyclist, Robert Hensley, who led the officers on a chase beginning in Dunbar while traveling over 100 mph at times.
The pursuit began after the pair tried to stop Hensley for a bent tag on his motorcycle. Mason and Winters were found to have violated the rules of pursuit within the department of pursuing for a minor infraction.
Hensley died after he crashed in St. Albans. With the travel speeds eclipsing 100 mph, investigators said that the chase put Hensley, themselves, and the public at risk.
Investigators also pointed out that inside the vehicle, conversation suggested that the officers intended to wreck Hensley, and there was a failure from both Mason and Winters to render aid to Hensley after the crash.
The report from Schulenberg also lays out that Mason had the power and should have ordered the termination of the pursuit, but rather, he “actively became a cheerleader and participant in the pursuit.”
In the discussion of the reports on Monday, it was also brought up that Winters made inappropriate comments after the pursuit.
Body camera shows a conversation Winters had with officers, making comments suggesting an officer’s “first kill” can cause one to act in a weird manner.
The city settled a civil lawsuit in Hensley’s case for $300,000.