Pretrial motions were presented this week in Beckley before U.S. District Court Judge Irene Berger in a lawsuit claiming a Cabell Heights man shot and killed by two Raleigh County Sheriff's deputies on July 4, 2006, was denied immediate medical attention. The incident occurred when 44-year old Robert Webb was allegedly playing loud music and firing a semi-automatic weapon outside his residence, in what plaintiffs say was a celebration of his birthday and Independence Day. This happened 30 minutes before police arrived at the scene, according to court documents. The complaint further adds that Webb never discharged his firearm in a manner to threaten or endanger the safety of himself or other persons. Deputies Greg Kade and John Hajash responded to the scene after a neighbor called the administrative line to the Raleigh County Sheriff's department to complain that Webb was shooting a gun at his own house. The neighbor called the non-emergency line to remain anonymous to avoid repeated threats to her by Mr. Webb, according to court documents. Webb is then alleged to have pointed the weapon at Hajash and Kade, at which point they shot and killed him. The lawsuit, which was filed by Michael Olivio and Travis Griffith, who represent Mary Webb, the widow of Robert Webb, states that upon arrival at the scene, emergency medical personnel were denied immediate access by the sheriff's department. The complaint further states that emergency personnel were instructed not to touch the patient until Raleigh County Sheriff's Department personnel were finished taking photographs. The defense disagrees with this, saying medical records back up the fact that Webb was indeed given immediate medical attention. Berger granted several plaintiff's motions Wednesday, including one for the proper identification of the weapon involved in the shooting. Plaintiffs said they would also like for the defense not to use the word AK-47 during testimony, since they say the weapon used was a ROMARM-CUGER Model SAR-1. Berger said if it was an AK-47, she would not preclude defense from using the word, however. Berger also granted the plaintiffs motion to exclude evidence pertaining to the character of the deceased or to Mary Webb. Berger denied the plaintiffs motion to exclude testimony of events prior to Webb's death, saying that this information would be relevant to the case. The plaintiff's last motion was for jury view; yet, Berger ruled a jury view to be unnecessary with the technology that is readily available. The defense made one motion Wednesday, which was to preclude reference to a recorded conversation between the parties, occurring after the fact, dealing with workers compensation benefits. Berger ruled that this evidence would not be admissible to the case-in-chief but could be used for impeachment purposes. A trial has been set for 8:30 a.m. Monday, May 2, in U.S. District Court in Beckley.
http://www.register-herald.com/local/x69808625/Motions-made-in-suit-filed-over-police-shooting-death-of-Cabell-Heights-man