As of today, our petition has 161 signatures in show of support for justice reform in West Virginia. Having been approached by members of the community expressing apprehension to show support for fear of reprisal and retaliation, I feel that it is necessary to address those concerns with specificity. To that end, I have included in this update an official complaint I filed with the West Virginia Office of Lawyer’s Disciplinary Board and the Ethics Commission. The addresses to these agencies are included if you or someone you know wishes to file complains specific to any similar misconduct you have experienced. There is power in truth and transparency.
OFFICIAL COMPLAINT:
The purpose of this correspondence is to levy an Official Complaint against Dwayne C. Vandevender, Prosecutor of Webster County, West Virginia and to report unto this Association of the Bar his having engaged in professional misconduct; and, his doing so, having risen to the level of criminal manipulation of the state’s legal system across multiple cases to include but not limited to: malicious prosecution, felonious tampering with witnesses and conspiracy. Although the Complainant believes this malicious and felonious prosecutorial misconduct was initiated by political motivations existing prior to those events contained herein, he will constrain this complaint to those events for which there exists strict proof.
On or about June 18, 2019 events transpired related to the mental health of this complainant, namely, Jayson Bradley White; wherefore, he did attempt his own suicide during said condition of deteriorated mental health and competency, as confirmed and attested by all those observing family members with whom he was in contact during those events and certified by the expert opinion of Forensic Psychologist Dr. Robert Rush, PhD. Despite David Wayne Collins, the alleged victim’s having notified Mr. Dwayne C. Vandevender from the onset of his observations and requested psychological treatment for Jayson B. White, this Complainant, in regard said incident, Prosecutor Vandevender ignored this evidence and proceeded to maliciously prosecute, then filing exorbitant criminal charges instead of investigating the true nature of events and in opposition to the testimony of all who were involved. These charges are contained in Webster County Circuit Court, (Case No. CC-51-2019-F-24).
Mr. Vandevender fortified his malicious pursuit to prosecute when he did knowingly, willingly, and unlawfully omit all exculpatory evidence from presentation to Grand Jury, including the testimony and affidavit of alleged victim, his having no desire to prosecute, but instead, sought treatment; and, the Prosecutor’s having done so resulted his obtaining a false and illegal indictment against Jayson B. White.
Subsequently, Mr. Vandevender did knowingly and willingly commit the felonious act of witness tampering when he extracted information from the psychological report of Dr. Robert Rush, distorted and fabricated upon that information in a self-serving manner and used that fabricated and falsely distorted information as evidence to bring a charge of Petit Larceny against David Wayne Collins for the purpose of hectoring and intimidation, in hopes that Mr. Collins would rescind his affidavit in support of Mr. Jayson B. White’s Defense. Mr. Vandevender did simultaneously commit two criminal acts when he knowingly willingly, and unlawfully brought a false and erroneous charge against a civilian for the purpose of witness tampering, that being, the Petit Larceny charge against David Wayne Collins.
During his malicious pursuit to prosecute this Complainant, Dwayne C. Vandevender did commit a third felonious act, that being Felony Conspiracy when he did criminally act in consort with a West Virginia State Trooper to extract information from the psychological report of Dr. Robert Rush, falsely distort said information and fabricate thereupon, using the same to file as false evidence for the charge of Petit Larceny against David Wayne Collins for the purpose of witness tampering, hectoring, harassing and otherwise intimidating to deter his support of the Defense of Jayson B. White.
Now therefore, this complainant has illustrated, and exhaustive discovery shall yield strict proof that Dwayne C. Vandevender, Prosecutor of Webster County, West Virginia did commit at least three criminal acts during his malicious pursuit to prosecute Jayson B. White; and does now request an investigation to reveal factual basis and take disciplinary action upon the same.
Jayson B. White
Office of Lawyer Disciplinary Counsel
City Center East, Suite 1200C
4700 MacCorkle Avenue, SE
Charleston, West Virginia 25304
OFFICIAL COMPLAINT NUMBER: 21-09-113 (Filed March 10, 2021)
West Virginia Ethics Commission
210 Brooks Street, Suite 300
Charleston, West Virginia 25301
OFFICIAL COMPLAINT NUMBER: VCRB 2021-18 (Filed March 4, 2021)