WV Capitol Criminal Complaints

Caitlin Russell filed this request with the West Virginia Division of Protective Services (WV Capitol Police) of Charleston, WV .
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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:

-All criminal complaints issued from Jan. 1, 2010 to the date this request is received for violations of West Virginia Code 61-6-19(a), Willful Disruption of Government Processes

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: Macia, Leah P


  • FOIA Request Response to Caitlin Russel for Criminal Complaints

From: Caitlin Russell

Hello,
Thank you for getting back to me. I'm a bit confused. I filed with this office for the criminal complaint filed on Dan Heyman (arrested Tuesday May 9, 2017 at the West Virginia State Capital Buildings) and it was released to me on June 1, 2017. Are you telling me your office is the custodian of the criminal complaint regarding Heyman but not of any other criminal complaints filed against people charged with the same offense?

Caitlin

From: Macia, Leah P

We happened to have the specific complaint filed against Mr. Heyman. We are not the custodian of all criminal complaints brought under the statute in question.

From: Caitlin Russell

Hello,
I'm not looking for "all criminal complaints brought under the statute in question," I'm looking for all criminal complaints brought under the statute due to arrests made by the West Virginia Division of Protective Services. If the West Virginia Division of Protective Services is not the custodian of its own criminal complaints, would you please be kind enough to point me in the direction of the appropriate records custodian? Thanks so much!
Best,
Caitlin Russell

From: Macia, Leah P

We would not necessarily have a copy of all of the criminal complaints due to arrests made by the West Virginia Division of Protective Services, though we may have some. The Kanawha County Magistrate Court would have all of them brought by our Division.

From: Caitlin Russell

Thank you for getting back to me. Would it be possible to obtain all criminal complaints made under the aforementioned statute that are currently in the custody of the West Virginia Division of Protective Services?

From: Macia, Leah P

I'm looking into it. I am going to be out of the office until Friday, but I'm going to see what is possible as soon as I get back.
Sent from my iPhone

From: Caitlin Russell

Hello,
I just wanted to follow up on the request I submitted for "all criminal complaints issued from Jan. 1, 2010 to the date this request is received for violations of West Virginia Code 61-6-19(a), Willful Disruption of Government Processes." As I mentioned before, your office released the criminal complaint against Dan Heyman to me, and I'm hoping you can help me obtain any criminal complaints detailing violations of West Virginia Code 61-6-19(a) within the dates specified that the West Virginia Division of Protective Services has in its custody. Thanks!
Caitlin Russell

From: Macia, Leah P

You may come and inspect and copy the files that reflect arrests for the statute in question at a time that is convenient for you.
Sent from my iPhone

From: Caitlin Russell

Hello,
Thank you for your response. Would it be possible for your office to copy and mail the documents to me and I can pay for the copying and postage fees?
Caitlin

From: Macia, Leah P

I'm afraid not. In order to find criminal complaints relating to a particular statute, we would have to go through each and every investigation file to determine which ones resulted in such a complaint. There is no index that would allow easy access to such information. We do have a log of incidents that provides some guidance that could narrow down the search, but it would not necessarily indicate what specific criminal charge was brought. Our FOIA statute only requires that public records be made available for inspection and copying. In instances where requested records are easily ascertainable, we normally do copy and ship them as a courtesy. Given the diffuse nature of this records here at issue, however, this is not such an instance. If you would like to examine the log and inspect and copy the relevant files, I will be happy to arrange it.

From: Caitlin Russell

Does your office maintain investigative files in electronic, magnetic, or computer form? Or paper only?

From: Macia, Leah P

I believe paper only, but I will double check.
Sent from my iPhone

From: Caitlin Russell

Hello,
Did you happen to find out if your office maintains investigative files in electronic, magnetic, or computer form?

From: Macia, Leah P

We only maintain paper copies of the files.

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