MARTINSBURG – In a motion to intervene filed last week, the county’s group insurance provider is arguing that it should not have to pay for the defense of former Sheriff Robert “Bobby” Shirley, who resigned this month and pleaded guilty to a federal civil rights violation for beating a man during a 2010 arrest, nor pay any civil judgement eventually made against him.
The West Virginia County Risk Pool points out in its filing that Shirley admitted he kicked and stomped on Mark Daniel Haines, who was later convicted of bank robbery and is currently serving a 19-year sentence in Maryland, “with deliberate and sadistic intent.”
It points to exclusions in the insurance policy’s for deliberately caused injury, fraud and dishonesty and punitive damages.
Shirley has not yet filed a response, and his civil counsel did not return phone calls requesting comment.
– Bryan Clark