Reporter arrested for doing his job
| Submitted | May 11, 2017 |
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Communications
From: Caitlin Russell
To Whom It May Concern:
Pursuant to the West Virginia Freedom of Information Act and the West Virginia Open Governmental Proceedings Act, I hereby request the following records:
-The incident report produced as a result of the arrest of Dan Heyman on Tuesday, May 9, 2017 at the West Virginia State Capital building.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Caitlin Russell
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on May 11, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
From: Messina, Lawrence C
Caitlin Russell
VIA EMAIL ONLY
requests@muckrock.com<mailto:requests@muckrock.com>
Re: FOIA request dated May 11, 2017
Dear Ms. Russell:
The West Virginia Division of Protective Services is in receipt of your Freedom of Information Request for records. Please understand that the Secretary of the Department of Military Affairs and Public Safety is not the custodian of the records you are requesting, however your request has been forwarded to me for response as a courtesy.
You have requested: "The incident report produced as a result of the arrest of Dan Heyman on Tuesday, May 9, 2017 at the West Virginia State Capital building."
Any records that may be responsive to this request are exempt from disclosure at this time, pursuant to West Virginia Code § 29B-1-4 (a) (4). Once the investigation is complete, the records, if any exist that are responsive, may be available.
With this response, the West Virginia Division of Protective Services' duty to provide you with your requested materials is at an end. If you disagree with this response, you have the opportunity to institute proceedings for injunctive or declaratory relief in the circuit court in the county where the record is kept, in accordance with W. Va. Code § 29B-1-5.
Lawrence Messina
Director of Communications
West Virginia Department of Military Affairs and Public Safety
West Virginia State Capitol
Building 1, Room W-400
Charleston, WV 25305
O: 304.957.2515
M: 304.205.3037
F: 304.558.6221
Web: www.dmaps.wv.gov<http://www.dmaps.wv.gov/>
Follow us on Twitter: @WVDMAPS
WVDMAPS Divisions and Agencies:
Adjutant General/National Guard (WVNG); Corrections (DOC); Justice & Community Services (DJCS); Juvenile Services (DJS); State Fire Marshal; Homeland Security & Emergency Management (DHSEM); Homeland Security State Administrative Agency (HS-SAA); Parole Board; Professional Development Center (PDC); Protective Services/Capitol Police; Regional Jail & Correctional Facility Authority (RJA); State Police; and the West Virginia Intelligence Fusion Center.
PRIVILEGED AND CONFIDENTIAL: This email and any attachments contain information from the West Virginia Department of Military Affairs and Public Safety. It is intended for the exclusive use of the intended addressee only. It may contain information that is proprietary, confidential or privileged, or law enforcement-sensitive. It is protected by all applicable doctrines or privileges, including, but not limited to applicable state and federal law, the attorney-client privilege and the work-product doctrine. These doctrines and privileges are not waived by virtue of sending this communication in error. If you are not the addressee, or have somehow received this communication in error, you are notified that any use, dissemination, disclosure, distribution, forwarding, printing or copying of this communication and any attachments is prohibited, and may be a violation of state or federal law. If you received this communication in error, please immediately delete this communication along with any attachments or files, and destroy all written or electronic copies. Please notify us of the errant communication and your action by phone at 304-558-2930 or by return email. THANK YOU!
-
~WRD000
From: Caitlin Russell
Hello,
I don't believe the initial incident report is exempt from disclosure. I'm seeking the incident report filed as a result of Mr. Heyman's arrest, and while WV law allows for the exemption of "Records of law-enforcement agencies that deal with the detection and investigation of crime and the internal records and notations of such law-enforcement agencies which are maintained for internal use in matters relating to law enforcement." I don't understand how the initial report could be so integral to the investigation as to compromise it. The incident has been widely reported, and I'm just looking for the official version of events . Thank you!
Caitlin
From: Messina, Lawrence C
Good morning. I have relayed your email to the Division of Protective Services (what I emailed you on May 18 was the response by counsel for the agency). Question: by incident report, do you happen to mean the criminal complaint?
Lawrence Messina
Director of Communications
West Virginia Department of Military Affairs and Public Safety
West Virginia State Capitol
Building 1, Room W-400
Charleston, WV 25305
O: 304.957.2515
M: 304.205.3037
F: 304.558.6221
Web: www.dmaps.wv.gov<http://www.dmaps.wv.gov/>
Follow us on Twitter: @WVDMAPS
WVDMAPS Divisions and Agencies:
Adjutant General/National Guard (WVNG); Corrections (DOC); Justice & Community Services (DJCS); Juvenile Services (DJS); State Fire Marshal; Homeland Security & Emergency Management (DHSEM); Homeland Security State Administrative Agency (HS-SAA); Parole Board; Professional Development Center (PDC); Protective Services/Capitol Police; Regional Jail & Correctional Facility Authority (RJA); State Police; and the West Virginia Intelligence Fusion Center.
PRIVILEGED AND CONFIDENTIAL: This email and any attachments contain information from the West Virginia Department of Military Affairs and Public Safety. It is intended for the exclusive use of the intended addressee only. It may contain information that is proprietary, confidential or privileged, or law enforcement-sensitive. It is protected by all applicable doctrines or privileges, including, but not limited to applicable state and federal law, the attorney-client privilege and the work-product doctrine. These doctrines and privileges are not waived by virtue of sending this communication in error. If you are not the addressee, or have somehow received this communication in error, you are notified that any use, dissemination, disclosure, distribution, forwarding, printing or copying of this communication and any attachments is prohibited, and may be a violation of state or federal law. If you received this communication in error, please immediately delete this communication along with any attachments or files, and destroy all written or electronic copies. Please notify us of the errant communication and your action by phone at 304-558-2930 or by return email. THANK YOU!
-
~WRD000
From: Caitlin Russell
I did mean criminal complaint. Is it possible to obtain a copy of that?
From: Messina, Lawrence C
Good afternoon. Please find attached.
Lawrence Messina
Director of Communications
West Virginia Department of Military Affairs and Public Safety
West Virginia State Capitol
Building 1, Room W-400
Charleston, WV 25305
O: 304.957.2515
M: 304.205.3037
F: 304.558.6221
Web: www.dmaps.wv.gov<http://www.dmaps.wv.gov/>
Follow us on Twitter: @WVDMAPS
WVDMAPS Divisions and Agencies:
Adjutant General/National Guard (WVNG); Corrections (DOC); Justice & Community Services (DJCS); Juvenile Services (DJS); State Fire Marshal; Homeland Security & Emergency Management (DHSEM); Homeland Security State Administrative Agency (HS-SAA); Parole Board; Professional Development Center (PDC); Protective Services/Capitol Police; Regional Jail & Correctional Facility Authority (RJA); State Police; and the West Virginia Intelligence Fusion Center.
PRIVILEGED AND CONFIDENTIAL: This email and any attachments contain information from the West Virginia Department of Military Affairs and Public Safety. It is intended for the exclusive use of the intended addressee only. It may contain information that is proprietary, confidential or privileged, or law enforcement-sensitive. It is protected by all applicable doctrines or privileges, including, but not limited to applicable state and federal law, the attorney-client privilege and the work-product doctrine. These doctrines and privileges are not waived by virtue of sending this communication in error. If you are not the addressee, or have somehow received this communication in error, you are notified that any use, dissemination, disclosure, distribution, forwarding, printing or copying of this communication and any attachments is prohibited, and may be a violation of state or federal law. If you received this communication in error, please immediately delete this communication along with any attachments or files, and destroy all written or electronic copies. Please notify us of the errant communication and your action by phone at 304-558-2930 or by return email. THANK YOU!
-
~WRD000
From: Caitlin Russell
Hi,
Thanks so much for your help with this request! I really appreciate it.
Sincerely,
Caitlin Russell
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