November 28, 2009
Officer who got in trouble in Pocahontas now working in Greenbrier

A former Pocahontas County sheriff's deputy who resigned after firing his gun at his girlfriend's house is now a police officer in Ronceverte in Greenbrier County.
By Gary A. Harki
Staff writer
Advertiser

CHARLESTON, W.Va. -- A former Pocahontas County sheriff's deputy who resigned after firing his gun at his girlfriend's house is now a police officer in Ronceverte in Greenbrier County.

Robert Alkire II pleaded guilty to misdemeanor brandishing a weapon for firing his pistol in an unsafe manner in March. He was originally charged with one count of wanton endangerment for the November 2008 incident.

"The reason we hired him is we are a small police department and at the time, he was the only certified officer that applied," said Ronceverte Chief Michael L. Smith. "I know what he was originally charged with, but he only pleaded guilty to a misdemeanor. That doesn't eliminate him from being hired. ... He has done an outstanding job for the police department."

On Nov. 30, 2008, Alkire got into an argument with his then-girlfriend Jennifer Miller at her Marlinton Home, Dan Dotson, who handled the case as a special prosecutor, said at the time. The argument continued into the street, where Alkire fired his weapon, Dotson said.

"It was not fired at anybody in a malicious manner," Dotson said.

Alkire, whose father was sheriff at the time, went into Miller's house, Dotson said. Police were then called.

"The sheriff responded to the scene in Marlinton. At that point in time [Robert Alkire II] was in a medical situation," Dotson said. "The sheriff and a deputy came to transport him to a medical facility. They were unsuccessful."

The sheriff couldn't get his son to go to the hospital, Dotson said. Dotson declined to specify the "medical situation."

Emergency workers arrived on the scene and were able to transport Alkire II to Pocahontas Memorial Hospital, Dotson said. Alkire II was placed on administrative leave immediately, he said.

Sheriff Alkire requested an outside investigation, telling the prosecutor, "I can't have anything to do with this," Dotson said.

Dotson said Robert Alkire II was charged Jan. 25 with one count of wanton endangerment for the incident. Bail was set at $3,000.

Robert Alkire II, "handled his department issue pistol in an unsafe manner and fired [it] in such a manner that it created a substantial risk of death or serious bodily injury to another," according to the criminal complaint filed in Pocahontas County Magistrate Court.

The case was also brought before a Greenbrier County grand jury, which declined to file charges, a circuit court clerk said Wednesday.

Current Pocahontas County Sheriff David Jonese said Alkire II resigned from the department. As a part of the plea deal he agreed he would not be a police officer in Pocahontas County for one year, Jonese said.

i wouldnt trust him with a super soaker hes unstable nice to see wva has so many loons and former felons working on the police force.it really inspires trust and faith in the legal system and if they get busted enough they can always go to work as informents and still commit crimes and carry a gun.we just traded felons with other departments one would think the sheriff would notice such things its just a clear indication of the ethics they have.hey stinky you should follow his lawenforcement adventures and see how many felonys or weston incidents he has over the years .

IS ROB STILL WITH THIS GIRL OR HAS HE RECONCILED WITH HIS WIFE? I FEEL REALLY BAD FOR HIS FAMILY BECAUSE THEY HAVE HAD TO DEAL WITH A LOT OF EMBARASSMENT FROM THIS INCIDENT. IF ROB HAS STRAIGHTENED HIS ACT UP THEN WE NEED TO LET IT GO.. YES, WHAT HE DID WAS REALLY WRONG BUT IN THE END, WHO ARE WE TO JUDGE? I PRAY THAT HIS CHILDREN HAVE NOT HAD TO PUBLICALLY DEAL WITH THIS.... THEY DO NOT DESERVE THIS.. THEIR MOTHER IS A FANTASTIC WOMAN AND MOTHER.. I COMMEND HER FOR HOW SHE HAS DEALT WITH THIS AND PRAY THAT THE KIDS ARE DOING OKAY.

Unanswered Questions:

1. Did Dotson tell the Gazette about his own legal troubles in which he beat the truck of someone who was fooling around with his wife?

2. Did Dotson indicate that he had to be bailed out of jail so he could do his job in Pocahontas County.

3. Did Robbie tell the reporter that he wasn't allowed to pack a weapon in Pocahontas County?

4. Did Robbie tell the reporter that he wasn't merely visiting his "girlfriend" but that he himself had a wife and two kids?

5. Did Robbie tell the reporter that he was indeed taken to the hospital and that his deputy buddies took his shirt off to hide the fact that he had been on duty?

Don't forget we have one deputy (presently on leave but trying his dardest to get back on the force) on the staff who committed five felonies and another who was indicted for stealing car radios!!!

it sounds like your sheriff needs to use the barney fife method. just give em one bullet and make them keep it in their pocket !

Why is this brought back up now?

In looking at all of this...I'm just wondering...who do you trust? Cops, Crooks & Corruption?

I don't have a criminal record, but I have been pulled over for mild speeding, from time to time, like 5 miles over.

I think there is only one officer I would trust right now. I also have to be honest that I don't know all of the officers yet, by name and face. I want to be fair. The one I'm thinking of is because of first-hand experience, unless he would act any different. That is Jonese. I have to say, that Jonese is a very good father and husband. I just see the natural rhythm when you see their family together and when he is away from them. There is no Dr. Jekyl & Mr. Hyde. He is what he is...Decent.

I do realize, though, that sometimes, cops do come off with a cavalier attitude in Pocahontas County...man in uniform makes them think they're a Ladies's man.

However, when I get pulled over in Randolph County, the cavalier attitude is dismissed altogether. They are very respectful, like Jonese. Sometimes, backup is floating around from Pocahontas County into Randolph County and it's the Pocahontas County officers that come in grinning, whispering and making eyes at me.

When you're off duty, do what you want. On duty, don't be flirting and grow up! I feel like sending the cavalier attitude ones on a vacation with Bubba in the Big House for just 1 day, so they would learn to respect women. If we can't do that, then do what I do to them...growl at them. You've showed them the license, the registration and the insurance card. Better yet, when they ask where you were going in such a hurry...tell them you have a hot date! That will burn right through them! I like the Bubba date better though, for their discipline, LOL.

initial post does not contain entire story;

http://wvgazette.com/News/200911280216




November 28, 2009

Officer who got in trouble in Pocahontas now working in Greenbrier

A former Pocahontas County sheriff's deputy who resigned after firing his gun at his girlfriend's house is now a police officer in Ronceverte in Greenbrier County.

By Gary A. Harki
Staff writer

CHARLESTON, W.Va. -- A former Pocahontas County sheriff's deputy who resigned after firing his gun at his girlfriend's house is now a police officer in Ronceverte in Greenbrier County.

Robert Alkire II pleaded guilty to misdemeanor brandishing a weapon for firing his pistol in an unsafe manner in March. He was originally charged with one count of wanton endangerment for the November 2008 incident.

"The reason we hired him is we are a small police department and at the time, he was the only certified officer that applied," said Ronceverte Chief Michael L. Smith. "I know what he was originally charged with, but he only pleaded guilty to a misdemeanor. That doesn't eliminate him from being hired. ... He has done an outstanding job for the police department."

On Nov. 30, 2008, Alkire got into an argument with his then-girlfriend Jennifer Miller at her Marlinton Home, Dan Dotson, who handled the case as a special prosecutor, said at the time. The argument continued into the street, where Alkire fired his weapon, Dotson said.

"It was not fired at anybody in a malicious manner," Dotson said.

Alkire, whose father was sheriff at the time, went into Miller's house, Dotson said. Police were then called.

"The sheriff responded to the scene in Marlinton. At that point in time [Robert Alkire II] was in a medical situation," Dotson said. "The sheriff and a deputy came to transport him to a medical facility. They were unsuccessful."

The sheriff couldn't get his son to go to the hospital, Dotson said. Dotson declined to specify the "medical situation."

Emergency workers arrived on the scene and were able to transport Alkire II to Pocahontas Memorial Hospital, Dotson said. Alkire II was placed on administrative leave immediately, he said.

Sheriff Alkire requested an outside investigation, telling the prosecutor, "I can't have anything to do with this," Dotson said.

Dotson said Robert Alkire II was charged Jan. 25 with one count of wanton endangerment for the incident. Bail was set at $3,000.

Robert Alkire II, "handled his department issue pistol in an unsafe manner and fired [it] in such a manner that it created a substantial risk of death or serious bodily injury to another," according to the criminal complaint filed in Pocahontas County Magistrate Court.

The case was also brought before a Greenbrier County grand jury, which declined to file charges, a circuit court clerk said Wednesday.

Current Pocahontas County Sheriff David Jonese said Alkire II resigned from the department. As a part of the plea deal he agreed he would not be a police officer in Pocahontas County for one year, Jonese said.

Smith estimates hiring Alkire rather than any of the other candidates saved the city about $3,500.

"It costs about $1,500 just to send someone to the [West Virginia State Police] Academy," he said. "That's without getting a uniform, guns or equipment for the officer."

Hiring a certified officer also cuts down on the cost of insurance, he said. Until an officer is certified, insurance is higher, he said.

"Roughly, to put someone through the academy and get them trained is between $6,000 and $7,000, so to put him on the road was a lot cheaper for the city," Smith said.

Ronceverte used to have a problem common to many smaller departments, Smith said. Officers would get a job there, get their academy certification and then move on to another department with better pay and benefits.

"I went to the city and I finally told them, we are training all these officers to go to bigger departments. Our salaries don't compete with Lewisburg and the sheriff's department."

He estimates that about 75 percent of the officers in those two departments were first trained in Ronceverte.

The city started addressing the issue in 2004, raising pay and benefits, he said. An officer in Ronceverte now starts out at $13-an-hour plus benefits, which is competitive with other area departments, he said.

"So now instead of training officers to go somewhere else, we have certified officers who want to come here," Smith said.

Smith said the area has also started a Ronceverte Police Association, a nonprofit organization that raises money for police equipment for the city.

The city now has six officers, including one part-time, Smith said. When Alkire was hired, his was a new position.

One of the reasons Alkire was hired is that he has had sniper training, something Smith said he was looking for.

"He got involved in something he wished he never got involved in," Smith said of Alkire. "He made the wrong choice and he paid for whatever he did."

Reach Gary Harki at gha...@wvgazette.com or 304-348-5163.

Nowadays, it's so dangerous being a police officer. I turned on the news channel this evening, and was shocked to hear about the three male officers, and a female officer shot dead inside a coffee shop, on the edge of McChord-Air Force Base, today in Washington State, 40 miles south of Seattle, and 10 miles southwest of Tacoma. They were off duty when they were killed.

several errors in this news story that appears in the wv gazette, register-herald, and charleston daily mail;

"On November 30, 2008, Alkire got into an argument with his then-girlfriend Jennifer Miller at her Marlinton home, Dan Dotson, who handled the case as a special prosecutor, said at the time."

I recall that this incident transpired in November 2007, NOT November 2008.

Second, there is absolutely ZERO mention of the initial charge being listed as a FELONY, as this word never appears in any of the three news articles.

Third, while one article mentions that Alkire was finally charged on Jan 25 (2008), it never makes the specific statement that it took Nov, Dec, and Jan for any charges to finally be levied against said 'officer and gentleman', only after a massive public outcry for some modicum and semblance of justice.




The article then goes on to state, "The case was also brought before a Greenbrier County grand jury, which declined to file charges, a circuit court clerk said Wednesday."

What clerk in what county made this statement???
I recall that this case was NEVER presented to a grand jury, either in Pocahontas or Greenbrier County. I do recall that there was a great outcry amongst many citizens that this case be presented to a grand jury, albeit it NEVER happened, and was in fact, DENIED by a prominent local judge. I do recall that the Pocahontas County Commission was threatening to file suit against Sheriff Alkire (as suit was posted here on etater.com) and have things turned over to a grand jury for investigation, but the deal and justice was NIXED in exchange for Alkire II finally turning in his boots and badge via resignation.


Is there any publicly available paper trail or witnesses to confirm that this case was ever presented to a grand jury to seek justice???

original news story on the case "going" to a grand jury, yet somehow it conveniently never arrived before a grand jury;


http://www.wvgazette.com/News/200801310648?page=1&build=cache

February 1, 2008

Pocahontas deputy case to go to grand jury

Pocahontas County Sheriff Robert Alkire's son was taken to the hospital after a Nov. 30 incident where the sheriff's deputy fired his department-issue pistol at his girlfriend's house.

By Gary A. Harki
Staff writer

Pocahontas County Sheriff Robert Alkire's son was taken to the hospital after a Nov. 30 incident where the sheriff's deputy fired his department-issue pistol at his girlfriend's house.

Robert Alkire II got into a verbal altercation with his girlfriend Jennifer Miller at her Marlinton home that spilled out into the street, said Special Prosecutor Dan Dotson, who is handling the case.

It was in the street that Alkire fired his department-issued weapon, Dotson said.

Dotson said Robert Alkire II was charged Jan. 25 with one count of wanton endangerment for the incident. Bail was set at $3,000.

"It was not fired at anybody in a malicious manner," Dotson said.

Alkire then went into Miller's house, Dotson said.

Police were called and Sheriff Robert Alkire arrived on the scene, he said.

Sheriff Alkire did not return a phone call Thursday regarding this story.

"The sheriff responded to the scene in Marlinton. At that point in time [Robert Alkire II] was in a medical situation," Dotson said. "The sheriff and a deputy came to transport him to a medical facility. They were unsuccessful."

The sheriff couldn't get his son to go to the hospital, Dotson said. Dotson declined to specify the "medical situation."

Emergency workers arrived on the scene and were able to transport Alkire to Pocahontas Memorial Hospital, Dotson said. Alkire II was placed on administrative leave immediately, he said.

Sheriff Alkire then talked to Marlinton Police Chief Everette Tinney and prosecutor Walt Weiford and told them what happened and that he couldn't be involved anymore, Dotson said.

"The sheriff placed him on administrative leave, then talked to the city police chief and he provided him with more specific information as to what occurred. And then he talked to the prosecutor and said, 'Hey, I can't have anything to do with this. Someone else needs to come in and look at it.'"

State Police were brought in to investigate, and Weiford requested a special prosecutor. Doston, a Braxton County assistant prosecutor, was assigned to the case.

Weiford said previously that he asked for a special prosecutor after learning that West Virginia State Police wanted to interview him about the incident.

State Police Trooper K.W. Huddleston was assigned to investigate, Dotson said.

"The police work has been excellent," Dotson said. "This was a top notch investigation. No stone was left unturned."

Sheriff Alkire was interviewed for about 90 minutes by Huddleston about his role in the incident, Dotson said.

"He did, of course, play a dual role. He handled it both as a father and a sheriff and he handled them both correctly," Dotson said. "If we thought there was any type of coverup, charges would be brought."

Robert Alkire II, "handled his department issue pistol in an unsafe manner and fired [it] in such a manner that it created a substantial risk of death or serious bodily injury to another," according to the criminal complaint filed in Pocahontas County Magistrate Court.

Other charges could be filed against Alkire II when the case is presented to a grand jury, Dotson said.

"We always start out with the bare necessities and if it has to go further in the process, we will look at other charges," he said.

To contact staff writer Gary Harki, use e-mail or call 348-5163.

The article then goes on to state, "The case was also brought before a Greenbrier County grand jury, which declined to file charges, a circuit court clerk said Wednesday."


it turns out the unidentified circuit court clerk of unidentified county was correct- a Greenbrier County grand jury did decline to file charges. however, the grand jury that declined to file charges was in the case of a COMPLETELY DIFFERENT DEPUTY- deputy kevin lee sawyers of greenbrier county, NOT deputy alkire II of pocahontas county, albeit both involved law enforcement officers ensconced in domestic violence and felony charges in their quest to 'protect and serve';


http://www.register-herald.com/local/local_story_078223410.html


Published: March 18, 2008 10:35 pm

Greenbrier jury says no to felony charge for deputy

Christian Giggenbach
Register-Herald Reporter

LEWISBURG — After meeting nearly six hours Tuesday, a special grand jury rejected two possible felony indictments against a Greenbrier County sheriff’s deputy accused of severely beating Prosecutor Kevin Hanson and instead returned a true bill on a less serious misdemeanor charge of battery.

Deputy Kevin Lee Sawyers, 37, now faces the same charge originally filed against him last August before State Police upgraded the misdemeanor to a felony charge of unlawful wounding, defense lawyer Tom Czarnik said.

“The special grand jury rejected the more serious felony charges of malicious wounding and unlawful wounding,” Czarnik said afterward. “I will be asking for an early trial for my client before the May 13 primary.”

Sawyers was charged with battery after allegedly beating Hanson for more than four minutes in the driveway of his estranged wife’s Lewisburg home. Sawyers, a seven-year deputy who returned home last year after serving in Iraq, had previously filed for divorce from his wife, Amy Sawyers, who is employed as a legal assistant for Hanson.

Hanson said in September that he was at the house to pick up a dog to care for it over the weekend. He said he did not start the fight.

He spent several days in a local hospital recovering from his injuries, which included a broken nose, separated shoulder, bruises and lacerations, according to police.

Hanson, who first won office in 2001, is currently campaigning for re-election.

Special prosecutor Dan Dotson of Braxton County said Tuesday the misdemeanor trial for Sawyers will now likely go forward despite the setback on the felony charge.

The grand jury also rejected a misdemeanor simple assault charge against Sawyers, which carries the lightest possible sentence, he said.

“Do I agree with the decision? Probably not. But I respect the decision the special grand jury made today,” Dotson said. “The matter will likely go to trial now because he really doesn’t have anything to lose.”

While grand jury proceedings are private, Dotson did comment when asked why the special panel was out for such a lengthy period of time.

“Because of the nature of both the victim and the defendant, this was not a typical special grand jury. There were a lot of facts that were diametrically opposed and also a bunch of side issues that are not normally present,” Dotson said. “I did not want to be accused of not wanting to put everything there was about the case out there in the open.”



After Chief Circuit Judge James J. Rowe announced the decision of the nine-woman, six-man special grand jury in open court, the defendant was called to the front of the courtroom.

“I would like to proceed with the arraignment, but because of the nature of the alleged victim (Hanson), it is inappropriate for me to do so,” Rowe said.

Rowe said he will ask the state Supreme Court to appoint a special judge to hear the case.

Sawyers has been on paid administrative leave since his arrest.

Sheriff Roger Sheppard said a battery charge or conviction would not make Sawyer ineligible for duty as a deputy, but another legal problem could preclude him from coming back on the force.

“He’s still under a protective order and can’t possess a firearm,” Sheppard said. “That’s now the big hold-up before bringing him back on the force.”

Court records indicated Amy Sawyers filed a domestic protective order against Kevin Sawyers shortly after the August incident. She was present during the alleged fight, but no charges were filed against Kevin Sawyers in regard to her.

Czarnik said he was ready to “try this case tomorrow,” and looks forward to a jury trial.

“The felony charges could not be won,” he said. “And I don’t expect anyone to win the next one, either.”

Sawyers remains free on $2,500 bond and faces up to a year in jail if convicted.

— E-mail:
cgiggenbach@register-herald.com

This wasn't his "girlfriend", it was his "mistress"...they dated for several years behind closed doors, never in public. She claims to this day that he and his wife are not happy, and she remains single. I'm not sure ended who ended up happy in this saga, but at least the family is together.

Now we have the Ben Wilfong matter in which the whole five felony counterfeiting and forgery bit has been dropped.