In February, a civil service hearing began regarding accusations of misconduct against Westover Police Lt. Aaron Dalton who was ultimately dismissed from the department due to the allegations.
Westover Civil Service Commissioners Justin White, Jessica Thompson and Robert Berryman heard four days of testimony starting at the end of February and concluding May 8. Since then, both sides have been awaiting the decision of the commission. Westover Prosecutor Matthew T. Thorn said he believed it would be made sometime this week.
In the meantime, last week in the Monongalia County Circuit Court, Dalton and Defense Attorney Christian Riddell of Martinsburg filed a slightly revised version of a previous lawsuit naming the City of Westover as a defendant, as well as former Westover Police Chief Richard Panico and Westover PD Officer Zachary Fecsko.
Westover City Attorney Tim Stranko did not wish to comment on the allegations in the suit, which include violation of the West Virginia Whistleblower Law, intentional infliction of emotional distress and punitive damages against all three defendants.
Dalton claims to have reported many acts of wrongdoing by fellow officers to supervisory authorities in the department, but instead of disciplinary actions being taken against the alleged offenders the defendants engaged in “reprisal against him because of his disclosures of wrongdoing,” the suit states.
Because of the alleged illegal and improper actions of the defendants, the lawsuit charges Dalton has “suffered a complete loss of his reputation, has lost his job, and has lost his career.” Due to what he maintains are false allegations, he is unable to become a police officer in the state or likely another state, causing further loss and emotional distress.
Dalton also alleges the city violated West Virginia Code, which outlines the procedure for taking punitive action against a police officer, by utilizing findings and determinations of fact that he claims he was not notified of and that led to his ultimate dismissal.
Two additional counts against Panico and Fecsko allege defamation and tortious interference of business by maliciously publishing knowingly false statements about Dalton that interfered with his contractual expectancy of continued employment with the City of Westover.
He claims a petition formulated by Fecsko, in collaboration with Panico, listed several knowingly false claims against him, including accusations of criminal conduct, destruction of evidence, violation of civil rightsa nd moral and sexual improprieties. Fecsko then allegedly persuaded other officers in the department to sign it.
The petition was then circulated to local media and eventually given to City Attorney Stranko who used it to create the allegations against Dalton, the lawsuit says.
Dalton’s employment was formally terminated in February 2022 by the newly appointed Chief Joe Adams, who Dalton claims had never met him personally before becoming chief. The suit also says Adams had been influenced by Fescko’s and Panico’s petition without ever attempting to speak with him or allow him to respond to the allegations.
The lawsuit claims the conduct of defendants was carried out with actual malice and if not malicious, their actions were carried out with “a conscience, reckless, and/or outrageous indifference” to Dalton’s health, safety and welfare resulting in significant economic losses, reputational damage and emotional distress.
The Dominion Post reached out to Riddell, Dalton’s attorney, for comment on the lawsuit and the impending decision from the Civil Service Commissioners. He was unable to return the call before press time.
