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  • Writer's pictureSam Orlando

Federal Judge Orders Trial for Lawsuit Against Augusta County Deputies, Dismisses Claims Against Sheriff




Written by: Sam Orlando


Augusta County Sheriff's Office Legal Woes Grow

CHARLOTTESVILLE, VIRGINIA – The legal woes of the Augusta County Sheriff's Office keep growing. A lawsuit that has put the actions of several Augusta County deputies under scrutiny is moving forward to trial, as ordered by a federal judge in Charlottesville. The case, brought forward by Marvin Harris against deputies Christopher Hilliard, Christopher Rosemeier, Charles Taylor, Jr., and Jonathan Wells, details a harrowing encounter that occurred on October 8, 2020, shedding light on allegations of excessive force and misconduct.


Wrong Place, Wrong Time

According to Harris, the ordeal began when he received a distressing call from an old friend, Jennifer Hartman, pleading for help with moving furniture as she faced an imminent need to vacate her house, according to the complaint. Despite initially declining due to his own commitments and lack of transportation, Harris was persuaded to assist after Hartman offered to pick him up and ensure his return upon completion of the task. However, the day took an unexpected turn as, after a brief stop for cigarettes where Harris remained in the car for over thirty minutes, he expressed a desire to return home, a request Hartman refused, driving in the opposite direction instead, according to his complaint.


Beaten for Not Giving His Name

The situation escalated rapidly when they were pulled over by law enforcement for speeding. During the stop, Harris, who was engaged in a phone conversation, was asked for his name by the officers. Harris recounts politely declining to provide his name, reasoning that he was not involved in the traffic infraction. This refusal led to a sudden and violent response from Deputy Rosemeier, who allegedly punched Harris through the partially open window, striking him in the eye, and escalated to multiple deputies using excessive force, including the use of Tasers, punches, and kicks, even as Harris was restrained in his seatbelt. The physical altercation resulted in severe injuries for Harris, including a fractured bone in his face, chipped teeth, lacerations, and a nasal bone fracture, among other injuries. It should be underscored that, according to Harris, the beating was intense and immediate, and the deputy made no additional attempts to communicate with him before resorting to violence.


Lack of Body Cams Makes Deputy's Trials Harder

The lawsuit alleges that this excessive use of force was unprovoked and criticizes the lack of accountability from the Augusta County Sheriff's Department, particularly highlighting the department's decision against using body cameras which could have provided clear evidence of the incident. Harris's mother filed complaints with the sheriff's department shortly after the incident, only to be met with dismissal and denial from Sheriff Donald Smith, who is accused of neglecting the serious allegations and failing to take disciplinary action against the involved deputies.


Judge: Sheriff Not Personally Responsible for Bad Deputies

The federal judge's decision to dismiss claims against Sheriff Smith, citing Virginia law that shields a sheriff from liability for the actions of his deputies, has sparked debate on the legal protections afforded to law enforcement officials and the challenges of seeking justice for alleged misconduct. The upcoming trial in Charlottesville will closely examine the actions of Deputies Hilliard, Rosemeier, Taylor, and Wells, as Harris seeks accountability for the injuries and trauma he endured.


Legal experts and civil rights advocates are watching the case closely, as it not only challenges the conduct of individual deputies but also questions the broader issues of law enforcement accountability and the mechanisms in place to protect citizens from excessive force. As the trial date approaches, the community and stakeholders await a thorough examination of the events that transpired on that October day, hopeful for a resolution that addresses the pressing concerns raised by this lawsuit.


Trial to be Set in the Charlottesville Division of the Court

The trial, set to be held in Charlottesville, promises to be a closely watched event, with potential implications for law enforcement practices and accountability measures in Virginia and possibly beyond. The case against Deputies Hilliard, Rosemeier, Taylor, and Wells will be scrutinized for its merits, as Marvin Harris seeks justice through the federal court system.


Legal analysts suggest that the outcome of this trial could influence future cases involving law enforcement conduct, particularly in how deputies and their supervisory officials are held accountable for their actions. The decision to dismiss the claims against the sheriff while allowing the lawsuit against the deputies to proceed sets a precedent that could impact the legal landscape for similar cases in Virginia.


It's a Question of Accountability

As the community awaits the trial's commencement, questions about law enforcement accountability, the role of sheriffs and their deputies, and the legal protections afforded to them continue to rise. This case not only challenges the actions of individual deputies but also tests the boundaries of legal responsibility and oversight within the sheriff's departments across Virginia.


The trial date has yet to be announced, but it is expected to draw significant attention from the public, legal experts, and civil rights organizations. As proceedings unfold, many will be watching closely to see how justice is served in the case of Marvin Harris versus the Augusta County deputies.


Even More Legal Woes Exist for Augusta County's Sheriff's Office

In completely unrelated matters, underscoring the mounting legal woes faced by the Sheriff's Office, Deputy Taylor also faces criminal charges related to the use of excessive force in attacking two Staunton residents who were recording him. Taylor's trial on those criminal charges is scheduled to be heard before the Staunton General District Court on February 29, 2024 at 11:30AM.


Additionally, Sgt. William Mikolay, also of the Augusta County Sheriff's Office, faces felony malicious wounding charges related to an excessive force allegation that allegedly occurred when the Sgt. left his jurisdiction in pursuit, and allegedly beat the victim with the intent to maim, disfigure, or kill him. He also has court for his criminal charges on the same day, February 29, 2024. His case is scheduled to be called at 10:30AM in the Albemarle General District Court.

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