Society changes behind spike in violence against law enforcement, including in West Virginia, official say

West Virginia is far from immune to violence against law enforcement officers: Charleston Patrol Officer Cassie Johnson was shot to death in December 2020.

And before that, notorious cases included the murders of State Police Trooper Eric Michael Workman and Cpl. Marshall Lee Bailey at a parking lot off Interstate 79 in Clay County and the murder of Deputy U.S. Marshal Derek William Hotsinpiller on Feb. 16, 2011, during warrant service on a fugitive in Elkins.

Just last week, Upshur County Chief Deputy Mike Coffman was wounded in the thigh by a suspect shooting it out with law enforcement in broad daylight on busy Interstate 79 in Lewis County.

Acting U.S. Marshal Terry Moore and his deputy marshals look at the portrait photograph of Hotsinpiller every day in the center of their operations room.

It’s there “for us all to see, and just as a reminder that the possibilities are out there that could happen to anybody at any time,” Moore said. “We always do try to take the time to make a plan and try to execute it to the best of our ability.”

But it’s getting more difficult.

Moore noted “an uptick in violence against officers [recently], not only for those officers who are truly unfortunate enough and lose their lives in the line of duty, but just in the number of resistance against officers, assault on officers, not following orders. ... I don’t truly know what’s behind it. It’s probably a lot of factors — narcotics would definitely play a factor. And then I just think, truly, a small loss in a little bit of American values.”

Fairmont Police Chief Steve Shine cited the data referenced by FBI Director Wray, including that eight of the 73 police murders in 2021 came in ambushes.

“I think you can empirically state with data that violence against police has increased,” Shine said.

He added that “every year we have an incident where an officer is shot at. Every week we have an incident where an officer’s physically obstructed or fought against. Just last week, we had a cruiser window smashed out, and a girl fought us the whole way. Last night, we dealt with somebody at the hospital that charged at officers on a domestic where he was threatening juveniles. It’s just every week I can give you some example of law enforcement that’s been assaulted in some form or fashion by somebody.”

Harrison County Sheriff Robert Matheny and Taylor County Prosecutor John Bord see the same kind of issues.

Matheny, nearing 38 years on the job, notes that police pursuits are one form of violent crime that’s happening over and over again.

And on routine arrests, “more times than not, and way more in the past,” those being arrested “resist the authority of the warrant, the law enforcement officers and the courts,” Matheny said.

“They become violent. They physically resist or flee. I’ve never seen it this bad. And then recent events, on a national level, shootings on police officers are at an all-time high. It’s a time that police officers have to be at a heightened awareness,” he said.

“We ask that of [police]; we put them out there to do a tough job. And then what’s sad is … more times than not we deal with people who are compliant, people who are good citizens who either made a mistake or have some type of small issue that creates interaction with law enforcement, and the officer is on such a heightened awareness, it’s hard for them to change for that situation. So then the person perceives them as being a bully or militant type, and we don’t want that. We want the guys to come across as the good community policing. So it’s very difficult time for law enforcement,” Matheny said.

Bord, a prosecutor since 1998, said there’s been more violence in Taylor County toward law enforcement than at any time in the past 10 years. “It’s spiking,” he said, then repeating for emphasis: “It’s spiking.”

“An officer from the city was going to make an arrest, and the guy went for his gun. We’ve had cases where they wanted to fight the officers, sheriff’s deputies,” Bord said. “Almost any time that [law enforcement gets] a phone call on a domestic, we’re concerned enough that they send two officers — from different departments if necessary.”

Northern West Virginia U.S. Attorney William Ihlenfeld said the “death of Deputy Tom Baker is a stark reminder of the dangerous work performed by police officers every day in West Virginia and across America. Violence against law enforcement is increasing, and crime reporting data suggests that this trend is on an upward trajectory.”

Added Southern West Virginia U.S. Attorney Will Thompson: “The tragic death of Nicholas County Deputy Tom Baker, as well as the death of Charleston police officer Cassie Johnson in 2020, reminds us that violence against law enforcement that is increasing on a national level is also hitting us here at home. We need to increase the training and awareness of our law enforcement officers to protect themselves and the public and prevent future tragedies from occurring.”

Law enforcement takes steps to protect itself through preventive measures.

U.S. Marshal Moore points to focusing hard on training, with the aim to protect not only the officers themselves but also those they’re trying to arrest and innocent bystanders.

“We’re purchasing the equipment and gear that help us do that job better in hopes that if there is an incident, we can still do it safely,” Moore said. “But there are those times that things are beyond our control, and we have to adapt to the situation, and unfortunately [it] sometimes results in injuries.”

Fairmont’s Chief Shine notes officers now are tasked with trying to de-escalate situations, and law enforcement also uses analytics to help with decision-making.

And as in Taylor County, Matheny said the Harrison Sheriff’s Office now will send two deputies to make misdemeanor arrests whenever possible.

“If it’s somebody who has a history of fleeing or violence, sometimes we take more personnel out,” he said.

But none of that is foolproof. Matheny noted that just in Harrison County alone since he’s been sheriff — only 5 1/2 years — there have been two incidents where what seemed like a normal traffic stop devolved into police getting shot at. The most recent saw three individuals from South Carolina charged in Marion County after they fled a stop in Harrison County and crossed the county line.

And there have been other incidences where suspects fleeing in vehicles either tried to run over an officer who was on foot or tried to ram an officer’s vehicle, Matheny said.

“We have to know that when we go out there, that we have to be prepared and ready to react. A point that I want to throw out there too: The disadvantage to law enforcement is that person knows what they’re gonna do. Law enforcement doesn’t know what that person’s going to do, and they have to react to what that person does,” he said.

Matheny isn’t sure if violence against police will decrease “or if it’s going to get worse.”

Shine said that violence against law enforcement “does seem to go in cycles.”

“And right now we’re at a horrible point in history where there’s been a spewing of derogatory comments towards police, about police, our mission, our roles, what our objectives are,” he said. “There’s been a belittling. There’s been a reversal from law and order that has put us at the forefront of people who are recidivists who are getting released from our court systems too early, from our prisons too early.

“If our sole emphasis is on trying to make sure that the safety of the community is protected, we’re not getting a lot of help from some other systems. Luckily, we are in West Virginia, which is a pretty supportive state. But even that, we’ve been witness to outspoken individuals who have carried a bully pulpit to use it as an opportunity to belittle our mission or what we’re trying to do, and that just causes a breakdown in respect throughout the community. And I really do understand that a lot of places have it a lot worse than we do. But to think that that stuff doesn’t carry into West Virginia, to Marion County, Harrison, Monongalia would just be not thinking the whole thing through.”

Would rewriting laws be an answer? Perhaps in part.

“Police are often outgunned when they respond to a call in that the suspect has a more powerful weapon than they do. I agree with Senator [Joe] Manchin’s push for increasing the age to purchase semi-automatic firearms, for passing red flag laws and for expanded background checks. These steps would make it safer for law enforcement and for the public in general,” U.S. Attorney Ihlenfeld said.

“In addition, budgets for police and sheriffs departments must be fully funded so that officers have everything needed to protect themselves and to protect the public. Legislators, county commissioners and city council members all bear this responsibility,” he said.

Bord, Shine, Matheny and Moore also cite changes in the way society views law enforcement now vs. in the past.

“We’ve got laws on the books to cover it. First of all, we need to apply those laws to the fullest extent when someone violates. You’re not going to be able to eliminate it all, because law enforcement officers operate in an evil environment at times. But I think if society would get back to some of the basics, if parents would teach their children respect not only for law enforcement but also teachers in the school system, people in authority — it’s not going to change it overnight, but it would help,” Matheny said.

Moore suggests early intervention in childhood could be pivotal, “with a healthy respect for authority both from family and from the education system.”

Bord said many other places are worse than West Virginia. He believes it might be worth considering stiffening some laws involving assault on law enforcement officers.

“We’re in a state where I think the judges respect the prosecutors, and when we bring a case to them that has a case that’s dealing with violence against police officers, I think they sentence accordingly. And I think the majority of prosecutors that I know of go after defendants that assault police officers. I mean, it’s not like Los Angeles and Philadelphia or Chicago,” Bord said.

Shine would like to see substance abuse treatment centers at each jail, where inmates could work on addressing destructive addictive behavior involving drugs and/or alcohol — perhaps in return for clemency or sentencing reduction.

Shine believes it’s also important to keep recidivists behind bars. He adds that “we shouldn’t think that letting people out of jail is what’s going to be the best option for overcrowding of our jails and prisons. And pushing for magistrates to set low bonds, or for courts to reduce charges, “isn’t going to help anything” either, he said.

“We’re still going to do our jobs; we’re going to keep arresting people; we’re just going to keep arresting the same people over and over again. It’s a waste of our resources, and it’s a threat to the community,” Shine said.