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UPDATE: Grand jury clears Wood County deputy in fatal shooting

Published: Oct. 17, 2020 at 9:02 PM EDT|Updated: Jan. 14, 2021 at 2:39 PM EST
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WOOD COUNTY, W.Va. (WTAP) - UPDATE: 1/14/2020

No criminal charges will be brought against Lt. Jason Allen of the Wood County Sheriff’s Department after a 21-year-old man died in an officer-involved shooting in October, according to a Wood County grand jury report released on Thursday.

Allen and Paul Bailey were involved in an altercation on Stillwell Road that led to Bailey’s death.

Shawn Bailey, Paul’s 25-year-old brother, was also involved in the fight and was charged with malicious assault of a law-enforcement officer.

Sheriff Steve Stephens said Thursday afternoon that an internal investigation by his department also found no wrongdoing on Allen’s part and that there were no violations of department policies or procedures.

After consulting with Prosecuting Attorney Pat Lefebure, Stephens said he could not comment further because of the pending charges against Shawn Bailey.

Authorities said Allen was responding to a call on Stillwell Road that night when he encountered the Baileys and a woman, who allegedly had been using LSD and screaming at cars as they drove by.

During a preliminary hearing for Shawn Bailey in Wood County Magistrate Court, Allen said then when he approached the group Paul Bailey attacked his cruiser. Later, Allen testified that Shawn Bailey “sucker punched” him while he was attempting to arrest his brother.

Allen suffered serious facial injuries during the fight and had to have reconstructive surgery.

The grand jury heard testimony from West Virginia State Police, witnesses and examined other evidence, including from an in-car camera, during its investigation.

UPDATE: 11/20/2020

The Wood County Grand Jury will hear the case of a man accused in an incident October 17 involving a sheriff’s deputy, in which the defendant’s younger brother died.

Shawn Michael Bailey appeared for a preliminary hearing Friday afternoon in Wood County Magistrate Court.

Lt. Jason Allen testified in court that Shawn Bailey “sucker punched” him while the deputy was trying to handcuff his brother, Paul.

Deputy Allen said Paul Bailey had attacked his cruiser when it approached the Bailey brothers and a woman who were walking along the side of Stillwell Road.

The deputy suffered several injuries in the scuffle and said he had to have reconstructive surgery.

Paul Bailey died after being shot in the incident.

Magistrate Joe Kuhl found probable cause and bound the case over to the Wood County Grand Jury.

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UDPATE: 10/23/20

A preliminary hearing for a man accused of assaulting a Wood County deputy during a recent officer-involved shooting has been postponed.

25 year-old Shawn Bailey was supposed to be in Wood County Magistrate Court Friday afternoon, but Magistrate Joe Kuhl says his lawyer requested a continuance. As of now, the hearing has not been rescheduled.

Bailey is accused of punching Wood County Sheriff’s Lieutenant J.W. Allen while Allen was attempting to arrest Bailey’s younger brother Paul last weekend. Authorities say the Baileys and an unnamed woman were drinking and using acid while yelling at cars on Stillwell Road leading up to the incident.

During the altercation, an officer-involved shooting occurred in which the younger Bailey was killed.

UPDATE: 10/20/20 9:45 A.M.

Authorities have identified a 21-year-old man as the person killed in an officer-involved shooting in Wood County.

Paul M. Bailey of Walker, West Virginia, died Saturday after he was shot during an altercation with a Wood County sheriff’s deputy on Stillwell Road, a West Virginia State Police spokesman said Tuesday morning.

Authorities have not released additional details about the shooting, and the State Police spokesman said the case remains “an active investigation.”

Court records indicate Bailey’s brother, Shawn Michael Bailey, 25, also of Walker, was arrested after Saturday’s shooting and charged with malicious assault of a law-enforcement officer. He remains in the North Central Regional Jail.

Sheriff’s Lt. J.W. Allen was treated for serious facial injuries and bite marks on his arm at WVU Medicine Camden Clark hospital after the incident, but Sheriff’s Steve Stephens said Sunday he had been released from the hospital and is expected to make a full recovery.

UPDATE: 10/19/20 2 P.M.

A Wood County man is dead and his brother has been charged with malicious assault of a law-enforcement officer following a fight and officer-involved shooting involving a Wood County sheriff’s deputy Saturday night, court records show.

Shawn Michael Bailey, 25, of Walker, was arrested Saturday night after the incident on Stillwell Road that resulted in sheriff’s Lt. J.W. Allen being treated for serious facial injuries and bite marks on his arm at WVU Medicine Camden Clark hospital.

Sheriff Steve Stephens said Sunday that Lt. Allen had been released from the hospital and is expected to make a full recovery.

Bailey’s brother has not been identified by authorities, but Bailey was arraigned in Wood County Magistrate Court after the incident and remains in the North Central Jail on a $35,000 bond.

WTAP has attempted to obtain information from the The West Virginia State Police, which is handling the investigation, but a spokesman on Monday referred all questions about the incident to Stephens' office.

Stephens said Monday that he had been in contact with Prosecuting Attorney Pat Lefebure’s office and advised that he could not release any information because the State Police investigation is pending.

According to a criminal complaint filed in magistrate court, Trooper S.D. Cook responded to Stillwell Road, between Farrow and Grant Hill roads, just before 8 p.m. Saturday to “an officer involved shooting with a Wood County deputy requesting assistance.”

When Trooper Cook arrived, he reported finding Lt. Allen “visibly shaken and emotional” and covered in blood.

Trooper Cook said Allen told him he had been assaulted by “multiple suspects” while investigating a 911 call about people in the road yelling at passersby.

The complaint said Bailey told officers that he and his brother and a woman had been using “acid” and yelling at cars driving by on Stillwell Road and that a fight broke out after Lt. Allen attempted to detain his brother.

He said that while trying to handcuff his brother, Lt. Allen used a Taser in an effort to subdue him. Bailey admitted to punching Allen in the face after his brother was hit by the Taser.

The complaint does not say when the shooting happened.

UPDATE: 10/18/20 2:45 P.M.

An injured Wood County deputy was treated and released from WVU Medicine Camden Clark after he was involved in an officer-involved shooting in the 2200 block of Stillwell Road Saturday night. Wood County Sheriff Steve Stephens says his deputy is expected to make a full recovery.

West Virginia State Police are investigating the incident, though Stephens says all parties involved are “accounted for,” meaning there are no suspects at-large.

WTAP has reached out to the West Virginia State Police for comment but have been able to reach anyone allowed to discuss the case.

The Wood County Sheriff said on his Facebook page he is unable to release any other information surrounding the incident as it’s still under investigation by the state police.

“Unfortunately, this is all the information that we can release at this time as the incident is being investigated by the West Virginia State Police. Once the investigation is concluded, more information will be forthcoming. Thank you for your continued thoughts and prayers, not only for our deputy and the department, but for the involved subjects and their family,” Stephens said.

UPDATE: 10/17/20 9:54 P.M.

As West Virginia State Police continue to investigate Saturday night’s officer-involved shooting, Wood County Sheriff Steve Stephens says that all the “participants” of the incident are “accounted for." He clarified that two suspects and one of his deputies were involved in the incident.

Stephens says there is no one “at-large” at this point. However, he says residents can expect to see a lot of blue lights and activity in the 2200 block of Stillwell Road, where the incident occurred, as state authorities continue their investigation.

You can find more details about the officer-involved shooting below.

UPDATE: 9:18 P.M. 10/17/20

West Virginia State Police are investigating an officer-involved shooting on Stillwell Road in Wood County Saturday night. That’s according to Wood County Sheriff Steve Stephens, who says one of his deputies was injured in the incident.

The deputy in question is being medically evaluated. No other details were made available.

ORIGINAL STORY:

Ambulance crews and several Wood County deputies are on the 2200 block of Stillwell Road in Wood County Saturday night for what dispatchers call an “incident.” Officials would not elaborate on what the incident is, nor would they give any other details.

WTAP has a reporter on the scene, who says there are at least six law enforcement vehicles on the scene and several Wood County Sheriff’s deputies.

We will keep you updated as we learn more.

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