Seven years after being shot in the head by a West Virginia state trooper, Stephen Shawn Krein has finally ended a long legal battle with the State Police.
Attorneys for the State Police and Krein on Monday agreed to dismiss a lawsuit originally filed by Krein in December 2010.
The agreement will result in the State Police paying for several accommodations being made for Krein, after he was shot and, as a result, subsequently confined to a wheelchair.
Krein's lawsuit, which was filed in Kanawha County Circuit Court, stemmed from an incident that occurred a few years prior.
At around 9 p.m. on Dec. 1, 2008, Troopers L.W. Price and W.S. Snyder spotted Krein sitting inside a white Chevrolet Silverado in the parking lot of a convenience store near the intersection of U.S. 119 and Ambler Ridge Road. The area is located in between the unincorporated Roane County communities of Walton and Cotton.
The officers had a warrant for Krein's arrest on misdemeanor domestic violence charges. Krein, who was 19 at the time, was also wanted by troopers for an incident that occurred just days before, when he nearly ran over Sgt. K.G. McCord in Clendenin.
In the Nov. 25 incident, McCord and Cpl. P. Mooney spotted Krein driving recklessly in a maroon Dodge Durango. He allegedly was trying to run a woman off the road in Clendenin.
"That was his mentality: to go out and cause havoc," McCord told the Daily Mail in early December 2008.
McCord and Mooney followed Krein to a dead end on Kieffer Fork Road in Clendenin. But instead of surrendering, Krein drove toward the troopers, nearly hitting McCord before directing his vehicle toward Mooney.
With Krein headed in his direction, Mooney fired five shots into the rear tire of Krein's SUV. After the vehicle came to a halt, the troopers approached and found the engine running but no one inside. Krein and three other passengers fled the scene. The passengers were all apprehended but Krein was not.
At the time, Krein did not have a valid license - it had been suspended because of a DUI arrest - and his truck did not have a license plate. He was also charged with several other misdemeanors including fleeing in a vehicle, assault on a police officer, driving without headlights and reckless driving.
When Snyder and Price ran into Krein on Dec. 1, they parked their cars in front of his and drew their weapons, asking him to step outside his vehicle. Instead of complying with their request, Krein drove toward Price's patrol car before reversing and striking a gas pump at the convenience store.
Following the incident, McCord told the Daily Mail the troopers were faced with a tough decision because Krein was not only trying to evade arrest but also trying to cause harm with a deadly weapon - his truck.
"He knew he was going to have to run over a trooper to get out of there," McCord said of Krein at the time.
When Krein drove toward Price, the trooper fired two shots at Krein's vehicle. Although the first shot went into the truck's grill, the second shot hit Krein in the head as he tried to duck down into the passenger seat.
According to Krein's lawsuit, the central issue in the case was Price's excessive use of force that resulted in Krein experiencing lifelong injuries.
"As a proximate result of the actions of said defendants, the plaintiff sustained a gunshot wound to his head, suffered permanent injuries, will likely never be able to walk again, is and will be certainly and severely incapacitated in his ability to talk, care for himself and is otherwise impaired," the complaint stated.
Mike Clifford, Krein's lawyer, argued that Krein was not posing a deadly threat to officers while he was attempting to flee.
A subsequently filed amended complaint noted that Price "was at the time involved in a romantic relationship" with Krein's ex-wife. In their response, the State Police denied the allegation, calling it "meritless" and "frivolous."
Immediately after shooting Krein in the head, both Price and Snyder began administering aid while calling for help.
Following the incident, the State Police performed an internal investigation that concluded the troopers complied with the agency's policies.
Although the lawsuit was introduced in Kanawha County Circuit Court, it was transferred to federal court in 2011.
As the case progressed, Krein's lawyer filed a motion in Kanawha County Circuit Court in 2013 to dismiss the charges against his client because authorities failed to prosecute the case.
Later that year, the trooper's lawyers filed an appeal with the U.S. Court of Appeals for the Fourth Circuit in Richmond, Virginia. The appeal came after U.S. District Judge John Copenhaver refused to throw out the case before trial, saying the trooper was not immune from standing trial.
The Fourth Circuit denied the appeal, noting, "We find that sufficient evidence exists for a factfinder to determine that Price's second shot was objectively unreasonable and thus constituted "excessive force" prohibited by the Fourth Amendment."
The case, which was scheduled to head to a jury trial set to begin today, finally concluded on Monday, when Copenhaver signed an order announcing a voluntary dismissal.
Clifford would not provide details about the dismissal.
Lawrence Messina, a spokesperson for the State Police, said he wouldn't classify it as a settlement.
"Its my understanding the case was voluntarily dismissed," he said. "The State Police have agreed to provide some accommodations to the family."
Messina said the State Police have agreed to pay for a handicapped accessible van, as well as helping to cover contractor costs for building a ramp and widening doorways at Krein's home.
On Monday, West Virginia State Police Lt. Michael Baylous confirmed that both Snyder and Price are still employed as state troopers.
Reach Joel Ebert at joel.ebert@wvgazettemail.com, 304-348-4843, or follow @joelebert29 on Twitter.