Decorated Huntington police officer sued over arrest

Published On March 26, 2013 | By CopBlock | Articles

HUNTINGTON – A Huntington police officer who has been recognized for his number of yearly DUI arrests twice in the last three years has had one he made last year called into question.

According to West Virginia’s Legal Journal

Decorated Huntington police officer sued over arrest

HUNTINGTON – A Huntington police officer who has been recognized for his number of yearly DUI arrests twice in the last three years has had one he made last year called into question.

HPD Officer Joseph W. Koher is named as a co-defendant in a four-count civil rights suit filed by Nicholas Evans. In his complaint filed March 15 in U.S. District Court, Evans, 32 and of Huntington, alleges Koher stopped him without probable cause for DUI and later knocked him to the ground so as to add a charge of obstruction and pad his arrest record.

Evans’ suit is the fifth filed in the last year to allege civil rights violations by HPD.

According to the suit, the charges [against Evans] were later dismissed.

In his suit, Evans alleges his arrest is not an isolated incident, but rather “a pattern or practice of [Koher] pulling vehicles over without reasonable suspicion.” Koher’s “modus operandi,” Evans says, “is to see people leaving drinking establishments, pull them over without committing any traffic offenses, and then create pretextual reasons for the stop.”

Citing HPD’s own statistics, Evans says “Koher now has more DUI arrests per year than the entire HPD had before his arrival.” For both 2010 and 2012, Koher was presented the DUI Officer of the Year Award by the Governor’s Highway Safety Office.

According to the office, Koher last year made 251 DUI arrests, including Evans’.

Submitted by Lawrence J. Smith

Evans v. City of Huntington et al

 as 3:2013cv05316

Huntington Police Department Annual Report 2011

Huntington Police Department

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  • http://www.badgeabuse.com badgeabuse

    GO FIGURE….

  • http://yahoo larry

    What an ass. If he loses. Every arrest will come under question and most will be over turned. Then the city will be sued and bled dry of tax payers and insurance money. No one will want to insure the city for this again.

    That will be what? 600 – 800 arrest. Idiot.

    Gee. Not long ago a SHP got busted doing the same thing.

  • Common Sense

    Just a drunk trying to get his front teeth paid for.

    Oh, and left out that he hit parked cars and fled the scene…

  • slappy

    What a liar. He got busted and now he’s crying for his mamma. He hit cars trying to escape. HE was drunk and tried to run. What a loser. He won’t win this. I’m surprised he wasn’t laugh out of the station when he filed this stupid lawsuit.

  • t.

    No. Cases get dismissed all the time for various reasons. Cops get sued all the time and most of the those cases also get dismissed. Neither the dismissed charges nor the lawsuit in anyway impune the officer.

    The part to look at is the 251 arrests. I work 168, 12 hours shift a year. Making 1 a shift i’d still need to make more than 1 per shift 83 more times. Hmmm. 15-16 years ago I was introduced to the top DUI trooper in my state. His number were incredible. Turns out that if he stopped you and smelled an alcohol at all…he arrested and charged DUI. The majority of his cases “blew green” as we say…meaning they were below the legal limit. While what he didwwasn’t necessarily illegal, its shitty. This may be what this officer was doing to get that many. But just because a charged was dismissed doesn’t mean he was wrong. It could. But maybe not.

    The lawyer needs to look at every charge he’s had in the last several years and the BAC results join same. that will tell the tale.

  • t.

    BTW, the trooper from my state was later fired for some other things and is out of law enforcement.

  • Bob Washington

    will the victims of all of his false arrests be released from jail and have thier records wiped clean,, while the dirty cop lives happily ever after with a huge pension?

  • BJ

    t. says:
    Cases get dismissed all the time for various reasons.

    Yup, when an arrest involves police brutality even people as guilty as sin often see their charges dropped. Wonder why?….

  • BJ

    Common Sense says:
    Just a drunk trying to get his front teeth paid for.

    Oh, and left out that he hit parked cars and fled the scene

    Let me get this straight. Evans is suing HPD Officer Joseph W. Koher alleging he was stopped without probable cause for a DUI and yet you’re saying Evans hit parked cars and fled the scene. Source please, because that makes no sense whatsoever.

  • Backfire

    @BJ

    Not sure if this si the one Common was referencing, but if it is, it’s a different PD and state…

    4th from the bottom, same name as perp.

    https://www.hutchpd.net/publicbulletin/Arrests_list.asp?orderby=dReporting_Officer

  • Shawn

    @T

    The fact that so many cases do get dismissed says a lot about you guys. You either keep getting innocent people, or you keep going after guilty people but F up your case. So which is it?

    I don’t mind a man on a mission, as long as he is honest, but have you ever stopped to consider that maybe an officer with his record might be padding it with wrongful activities?
    Did you not see another officer who was big into DUI arrests? Turned out he was taking money from wives in divorces to DUI their husbands to make the divorce case better. Oh, and the cop who crossed the blue line to rat him out quickly lost his job.

  • t.

    Shawn: Last time on this before I just insult you each time bring this up…..

    The stop is at RS standard. 1-1.5

    Charges / arrests are at PC standard. 2.5

    Conviction is BRD standard. 8

    DA’s decide to dismiss cases to various reasons, that have zero things to do with the officer.

    Form someone who acts like they know it all about everything, you get this one wrong constantly. Either go to school and learn, go to court and watch and learn, do something other than watch t.v. or learn from the cop blockers. Do something to enlighten yourself.

  • Rich

    There are numerous reason why the charges were dropped that had nothing to do with the officers conduct, or actions. This is the 4th article I have read on this website that implies wrong doing, but there is no evidence to support it. The officer has more DUI’s than the other officers, so he must be corrupt somehow. Did you ever stop to think that maybe that was his major focus is when he works. He could also be on permanent night shifts, when most DUI’d occur. Just because the officer is being sued does not mean he did anything wrong. It’s funny your the philosophy of your website is that every cop is guilty until proven innocent, and even then he is found innocent because of a cover up, and every criminal is innocent until proven guilty, and he is only found guilty because a corrupt cop planted evidence, or lied to get him convicted.

  • jayduba

    Got to give credit to t. He actually brought out reasons to suspect this officer might not be on the up and up. Kudoes t, for not defending this officer automatically.

  • Shawn

    @t

    So ignore the truth that a great many cases fail. Gotcha. Cops couldn’t possibly be making mistakes in whether a person can reasonably be believed to be guilty, or in how they handle the cases of the guilty.

    That little line will be your mantra even if your failure rate was 99%. It shows how little soul you have.

    You are either chasing innocent people and harming them, no matter how you dress it up or justify it, or you’re screwing up the cases of the guilty.

  • Shawn

    @t

    “go to court and watch and learn”

    I thought you assumed I was a criminal? If so, I’d have that court experience. But maybe I’m just an honest citizen who pays attention to, and thus loathe, cops.

  • John

    You may beat a DUI or have it dismissed, but the arrest stay on your record for life, which is total bullshit. This cop is a real asshole.

    http://wvrecord.com/news/258812-decorated-huntington-police-officer-sued-over-arrest

  • t.

    @t says: “Do something to enlighten yourself”.

    See, I can do it too, I can quite greatness.

    Shawn: I don’t think you have a lot of any kind of experience.

  • BJ

    t. says:
    “Do something to enlighten yourself”.

    See, I can do it too, I can quite greatness.

    Did you mean quote? Because with you I’m not sure.

  • Jean

    @ t.
    March 26, 2013 at 2:58 pm
    [...]
    15-16 years ago I was introduced to the top DUI trooper in my state. His number were incredible. Turns out that if he stopped you and smelled an alcohol at all…he arrested and charged DUI. The majority of his cases “blew green” as we say…meaning they were below the legal limit. While what he didwwasn’t necessarily illegal, its shitty. This may be what this officer was doing to get that many. But just because a charged was dismissed doesn’t mean he was wrong. It could. But maybe not.

    @ John – March 27, 2013 at 12:16 pm
    You may beat a DUI or have it dismissed, but the arrest stay on your record for life, which is total bullshit.

    @ t. March 26, 2013 at 8:20 pm
    [...]

    The stop is at RS standard. 1-1.5

    Charges / arrests are at PC standard. 2.5

    Conviction is BRD standard. 8

    So… Let’s see, you just indicated your hero/felon of 15-16 years back was breaking the law.
    The arrest stays on the record regardless of the disposition of the case – so they’d been ARRESTED (PC), then “blew green” – but they have the arrest on their file, which can then be used against them in job applications and other court cases. (But oddly enough, the cop’s background, just like a hooker’s, can’t be entered into court records. WTF?)
    So, illegal arrests are the norm, is that a good conclusion?

    And we’re just supposed to bend over and take it, as you’ve said several times here (I’m paraphrasing, of course.)
    And you wonder why so many people are outraged when we don’t see cops hung from the lamp posts?

    Something’s wrong here.

  • Jean

    Oh, wait, _I_ get it…
    If a cop “smells alcohol” (Or drugs), it’s AUTOMATICALLY “probable cause” because the almighty GOD OF THE STATE hath laid hands upon the annointed one, and bestowed the Badge of Authority to separate man from criminal; and all those who hath NOT the badge, they are of Criminals.

    I need to figure out how to make a portable device that will detonate in a group of cops, kill them, and not damage anything/anyone outside that three foot radius or so. (Means I can’t use projectiles, nor can I use biological or chemical agents. Going to be tricky, that is! Concussive force would have to exceed 9 G’s – maybe more, with body armor – for that 3′ radius, and then drop to ZERO at 3 feet 1 inch. Ugh, tough for a pro, and I’m not a pro…)

  • Shawn

    @Jean

    “I need to figure out how to make a portable device that will detonate in a group of cops, kill them, and not damage anything/anyone outside that three foot radius or so.”

    Already invented and in use. Doughnuts. It creates a condition known as lard ads. It will absorb the force of an explosion and keep them from fleeing, as no officer will take one even for Team Blue.
    Caution: Ensure there are no little girls or puppies, as an officer can be relied upon to use either as a shield, officer safety being a god to him.

  • Victim

    Koher does pull people over for no reason. , he did this to me and on the police report wrote “swervin within lane and drove on the white lane twice”, on not over which is not a violation .

  • Toney

    Sadly, this cop is crooked, I wish this was just a bs story to get money, but it’s not. This officer and his partner are very bad crooked people.
    I will most likely file a lawsuit as well, on behave of my son. It’s sad that in a city like Huntington the biggest crooks are the cops

  • Toney

    looks like I will also be filing a lawsuit against Officer Joseph W. Koher and his crooked partner Adrian Rosario. Why does the Mayor of Huntington wv allow should thugs to enforce the law? Why do honest officers allow such corrupt officers to wear a uniform.

    These two officers are 100% corrupt, they pull over citizens for no reason, arrest them then add Obstructing charges to make their probable cause stick.

  • Huntington Native

    For those of you defending the accused, just stop. I am from the Huntington area and the city is being over run by drugs and drunks. I have lost friends to these drunken idiots and I am happy to see HPD finally growing a pair and cracking down on all of the garbage that has overtaken this once safe and friendly city. There are 2 sides to every story but as someone who knows what Huntington is actually like, it’s about time they started nailing these drunks, stoner’s, and crackheads.

  • Ray

    The charges were dropped because the guy wasn’t drunk … He passed a breathalyzer !