Trial has been delayed again in the case of jail guards charged in the death of pretrial defendant Quantez Burks in West Virginia’s Southern Regional Jail.
U.S. District Judge Joseph Goodwin entered an order this week agreeing to continue the trial until 8:30 a.m. Dec. 10 in Beckley.
“The requested delay is not attributable to lack of diligent preparation, to failure to obtain evidence or witnesses, or to congestion of the court’s calendar,” wrote Goodwin, saying the delay is occurring because attorneys for the defendants need more time to get ready and prosecutors don’t object.
A lawyer for one of the guards, Mark Holdren, this week asked for additional time to prepare because of the large amount of evidence to be reviewed.
Five former correctional officers — Holdren, Ashley Toney, Cory Snyder, Johnathan Walters and Jacob Boothe — were charged in connection with an assault on Burks, identified in the court filing only by his initials.
All five corrections officers, as well as a former lieutenant, Chad Lester, were also charged for covering up the use of unlawful force.
Toney and Booth pleaded guilty last month and admitted they violated Burks’ constitutional right by not protecting him from unreasonable force from corrections officers. They have been cooperating with federal prosecutors and will now provide testimony against four other former guards who are charged with taking part in the fatal beating.
Two more corrections officers, Andrew Fleshman and Steven Nicholas Wimmer, last November pleaded guilty to conspiracy against the rights of citizens under federal code because of their actions in the death of Burks.
So that leaves Holdren, Snyder, Walters and Lester still in the case.
The central allegation is that after Burks tried to push past a corrections officer and leave the jail’s C-pod, officers restrained him in handcuffs and beat him in an interview room. The indictment alleges the officers forcibly walked him to the interview room that was already occupied by an inmate, who was ordered to leave.
The officers then repeatedly struck and assaulted Burks, the indictment alleges, before forcibly walking him to another location known as the A-pod and he collapsed on the floor. Even after that, the indictment alleges, the beatings continued.
The request by Holdren’s lawyer to delay the trial date indicates that in addition to the amount of evidence to comb through, the defense needs time to assess potential expert testimony. The filing indicates that could include forensic testimony “as to the injuries and cause of death of Quantez Burks.
More testimony could focus on training provided to corrections officers on use of force, defensive tactics and report writing.