Charges Dismissed Against Wood Deputy

February 8, 2012

By Jody Murphy

ELIZABETH - After hearing conflicting testimony from more than a half dozen witnesses against a Wood County deputy accused of brandishing a weapon, a special magistrate heard enough.

Senior Status (Kanawha County) Magistrate Marva Crouch dismissed the charges against Wood County sheriff's deputy Brian Swiger after listening to about two and half hours of testimony Tuesday during a bench trial at the Wirt County Courthouse.

Swiger was accused of brandishing a weapon after getting into an altercation in October in Elizabeth.

According to the criminal complaint, Swiger, who was off duty and in his personal vehicle, got into an altercation with Herbert Toney. The complaint states Swiger, during the course of the altercation, pulled a firearm and waved it at Toney and in the direction of four witnesses.

Special Prosecuting Attorney Josh Downey called nine witnesses, including Toney. But much of their testimony was largely inconsistent ...

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