CHARLESTON, W.Va. — The family of a man who died back in 2019 while being detained in jail is receiving an award on his behalf.
The West Virginia Association for Justice (WVAJ) is recognizing that the case of 26-year-old Zachary Bailey, who tragically died while being detained at the North Central Regional Jail on July 8, 2019 serves as a primary example of why West Virginia’s civil justice system must be protected and properly upheld for all. 
The family of Zachary Bailey met with attorneys and WVAJ members Jesse Forbes and Dante di Trapano in the ceremonial courtroom of the Kanawha County Courthouse Thursday to be presented with the 2025 Advocate for Justice Award.
The Advocate for Justice Award is presented annually to a plaintiff in a case that exemplifies the importance of the justice system.
Bailey’s mother, Robin Bailey was on hand Thursday to receive her son’s award. She said this has been a long five-year battle to see her son get at least a semblance of justice in such a horrific case.
“I just don’t want to see anybody else have to deal with this, this has been really hard and it still is hard,” Robin Bailey said.
Zachary Bailey’s 2019 death came following issues related to a drug relapse after being held at the Doddridge County jail for just a few hours.
His family filed a claim against the West Virginia Division of Corrections and Rehabilitation to pursue civil justice for Zachary and his now 7-year-old son.
Forbes and di Trapano represented the family in a trial last August as well as Wheeling attorney Tony Werner.
During the trial in Kanawha County, former correctional officers reportedly testified that Bailey was removed from a holding cell and was beaten and placed in an improper chokehold. They claimed six officers piled on top of him for up to seven minutes, cutting off his ability to breathe and causing him to beg to be let go.
Forbes, the Vice President of WVJA said it was a very long, hard-fought battle to get to where they are today and get some sense of justice to the family.
He said the family was told the cause of death was a drug overdose, but the medical doctor in the trial testified that it was positional asphyxia.
Forbes said the family was shut out from the truth of what happened to their son, they were denied a pivotal aspect of justice.
“This family was not given what they believed to be the truth until they got to the courtroom and that’s when the truth came out, and that’s the job of the civil justice system,” Forbes said. “That’s why we thought it was so important to recognize the Bailey family here, because it takes a lot emotionally to come through a five-year legal battle when you’ve lost your son, when you’ve lost the parent of a two year old, that’s a hard thing to do.”
WVJA board member, Dante di Trapano said every once in a while, defendants will take the position that they don’t owe the victims any money, but after the third day of this trial, the correctional officers ended up paying back all of the policy limits in the case, showing there was no getting around their wrongdoing in this situation.
“That’s a recognition that they did wrong, that this family deserved to be recognized as having justice be done, and you know, it’s just a good feeling for us to have represented this family and bring them to the point where they understand what the truth is,” di Trapano said.
Court documents say that Bailey had been in recovery for substance use disorder and had been working again upon his arrest after relapsing in Wood County. It said he was in medical distress when he arrived at the jail that day.
At the trial, the jail’s former captain initially had denied laying on top of Bailey, but under cross examination from Forbes, he admitted to laying on him.
di Trapano said the trial itself and the jury’s’ emotional reactions put the officers in a corner where they knew they had to admit what really happened.
“It was a scene in a courtroom that I think is very rare where everybody gasps and the jury was just in tears, and they knew that it was going down hill fast for them,” di Trapano said.
The Division of Corrections, who were initially defending the guards, halted the trial on the third day after hearing their testimony and settled the family’s claims against the state.
Forbes said this case represents a critical example of “deliberate indifference” cause of action under West Virginia law, allowing families and individuals to hold jail officials and others accountable for the conscious or reckless disregard of the consequences of their actions.
He said this case also shows that the state’s civil justice system is strong, but it needs to be protected, and just how crucial the right to a jury trial truly is.
“There are moves everyday to eviscerate our constitutional rights, people are trying to take different amendments away, different things away,” said Forbes. “The 7th Amendment jury system has founded this country, it is the most important thing that we have because citizens and can come to other citizens and get the truth in a court of law.”
Robin Bailey said that receiving this award brings her hope, especially because it serves as a reminder of how fighting for justice can pay off in the end.
“It should, I would say help other families to bring justice, where my son was done that way, no one deserves what he got,” Bailey said.
Forbes added that this award reflects how important individuals’ voices are when it comes to bringing that justice to themselves or to their loved ones.
“This award recognizes a citizens’ fortitude, coming forward, not taking no for an answer, protecting her son, protecting that legacy, changing that legacy.”