BECKLEY, W. Va. (CN) — A jury will decide whether a West Virginia State trooper acted properly or recklessly with a basketball coach attempting to bring some civility during a rivalry game four years ago.
A trial began Tuesday in Eugene Nabor’s civil rights suit against Trooper J.l. Tincher. Nabors, 47, is an assistant girls basketball coach at Woodrow Wilson High School in Beckley. In his suit, he accused Tincher, now a corporal, of unlawfully arresting him during the match between Woodrow Wilson and Greenbrier East in Fairlea on Feb. 11, 2020.
Specifically, Nabors accused Tincher of using unnecessary and excessive force to subdue him when, during a time-out in the fourth quarter Nabors came over to the home side of the court to alert school personnel of unruly behavior by some Greenbrier East parents. As he made his way back to the visitor’s bench, Nabors claimed Tincher, after a brief conversation, pushed him, and with the assistance of Sergeant D.W. White, another trooper, placed him under arrest and later charged him with obstruction.
White was dismissed as a codefendant shortly after the complaint was filed.
Tincher and White were part of the security detail for West Virginia Governor Jim Justice, the head coach of the Greenbrier East girls team. Following the game, Justice referred to the Woodrow Wilson players as “a bunch of thugs.”
He later apologized for the comment.
Prior to his election as governor in 2016, Justice was head coach of both the Greenbrier East girls and boys teams, leading the Lady Spartans, whom he started coaching in 2000, to a then-AAA championship in 2012. He coached the boys team from 2010-2017.
Three years ago, Justice sought again to be the boys head coach, but the Greenbrier County Board of Education voted 3-2 to not hire him.
Justice said he intends to continue coaching even if he wins his bid for U.S. Senate in November. He faces Wheeling Mayor Glenn Elliott in the race to replace Joe Manchin III, who chose not to seek reelection.
During his opening argument to the all-male jury, Nabors’ attorney Jesse Forbes, said Tincher acted carelessly that evening. In addition to the inconvenience of dealing the criminal charge, which was later dismissed, Forbes said Tincher caused Nabors to incur over $20,000 in medical expenses to treat the broken wrist and exacerbated injuries to his back he sustained after he was pushed to the floor.
Video of the incident, Forbes said, will clearly show that Tincher was the aggressor.
“In this case you are going to have your own eyes,” Forbes said.
Wendy Greve, Tincher’s attorney, agreed the jurors have the privilege of video evidence of the altercation between Nabors and her client. However, she said it will show “a case of man who was trying to do his job on Feb. 11, 2020.”
During the trial, Greve said the defense will show Tincher properly exercising a “law enforcement officer objective,” which was to apprehend and eject Nabor’s adult son, Donte, from the game after he threw a chair. Nabors obstructed him in accomplishing that objective.
Additionally, Greve said there is no dispute that the altercation between Tincher and Nabors became physical. Though Ticher did push Nabors, that was to get past him to get to Donte, and Nabors, in the process, lost his balance, she said.
“We know there was no take-down,” Greve told the jury. “He fell because he lost his balance.”
The plaintiff’s first witness was Nabors’ brother Bryan — the girls’ head coach. While questioning Bryan Nabors, Forbes entered the video as the plaintiff’s first exhibit.
However, due do Nabors’ inability to view it on the witness stand’s computer screen, U.S. District Judge Frank Volk called a recess to have court staff fix it. When troubleshooting didn’t work, he excused the jury early.
The trial is scheduled to conclude Friday.