Former Sophia police officer found guilty in magistrate court - Beckley, Bluefield & Lewisburg News, Weather, Sports

Former Sophia police officer found guilty in magistrate court

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BECKLEY -

A case that spawned a lawsuit against the Sophia Police Department came to a close on Tuesday, Feb. 26.

Damon McDowell was an officer with the Sophia Police who was arrested almost a year ago after He left the Applebee's in Beckley without paying his tab.  He was found guilty of defrauding an innkeeper in front of Magistrate Rick Jones today.

McDowell was fired from the Sophia Police Department after the incident.  He was the agencies only black officer and was terminated after having served only six months on the force.  The Police Chief at the time, Tomi Peck, said McDowell was fired for his violation of the law, but McDowell said the termination was racially motivated. 

That lead to a lawsuit in federal court that had its ups and downs in 2012.  McDowell is suing Tomi Peck, who is now a Raleigh County magistrate, and the Sophia Town Council.  At least one count was dismissed by Federal Judge Irene Berger.  That count alleged that Peck, who was the police chief at the time, didn't keep computer records, showing whether an investigation report on him was created before or after he was fired and that McDowell and his lawyers were deliberately denied the chance to see if the document would hold up in court.  Judge Berger ruled earlier this month that McDowell failed to prove that there was any wrongdoing by Peck.