4-18-13 Ex-W.Va. sheriff to be sentenced in beating May 23

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WHEELING, W.Va. (AP) — A former West Virginia sheriff will be sentenced May 23 for his role in the beating of a bank robbery suspect, and federal prosecutors want the victim to be in court.

New filings in U.S. District Court show former Jefferson County Sheriff Robert Shirley will appear in Wheeling before Judge John Preston Bailey.

Shirley pleaded guilty in January to violating the civil rights of suspect Mark Daniel Haines after a 2010 car chase. Shirley has been on home confinement but get as many as 10 years in prison and a $250,000 fine when sentenced.

Haines is currently an inmate at the Maryland Correctional Adjustment Center. On Monday, U.S. Attorney William Ihlenfeld asked Bailey to order Maryland prison officials to produce Haines for the sentencing hearing.

Haines, who says he suffered serious injuries when Shirley kicked and stomped on him, is serving a 19-year sentence for bank robbery. Prosecutors have said the beating was captured on surveillance video from police cruisers involved in the chase.

The Jefferson County Commission appointed former probation and parole officer Peter Dougherty to Shirley’s old post last month.

Dougherty will serve until the 2014 general election. The winner of that race will then fill Shirley’s unexpired term, which ends in 2016.

The commission was legally obligated to appoint another Democrat. Shirley won re-election last fall despite being under indictment.

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