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Judge says Jones case to stay out of federal court

MARTINSBURG, W.Va. — A federal judge reaffirmed a previous decision Friday in a high-profile case that followed a 2013 police-involved shooting death in Martinsburg.

Wayne Jones was shot 23 times by Martinsburg police in a 2013 incident.
Wayne Jones was shot 23 times by Martinsburg police in a 2013 incident.

U.S. Chief District Judge Gina Groh’s eight-page order in the Wayne Jones case backed her previous decision in 2014 to dismiss the case from federal court.

Jones, of Stephens City, Va., died after being shot nearly two dozen times by officers during an incident on Queen Street in downtown Martinsburg on March 13, 2013. Officers have said Jones had a knife and was noncompliant and combative.

The officers were not indicted when the Berkeley County grand jury took up the case in October 2013. The U.S. Justice Department announced earlier this year there wasn’t enough evidence to pursue civil rights charges against the officers.

A civil lawsuit against the officers is pending in Berkeley County Circuit Court. An attorney for Jones’ family said Friday they plan to appeal Judge Groh’s decision.

Martinsburg Police Chief Maury Richards released a statement Friday saying his department is “deeply committed to building a partnership between police and all neighborhood residents.”

In her order Judge Groh said she must enforce the rules and law without bias. The Jones estate wanted to withdraw previous admissions in the case in hopes of getting it reinstated to federal court.





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