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ELKINS -- The City of Elkins, the Elkins Police Department and an EPD officer are named in a civil lawsuit filed in Randolph County Circuit Court this month, accusing the officer of indiscriminately firing his weapon into the plaintiff's residence.
In the lawsuit, filed May 1, Christopher Lothes states he was at his residence at Gateway Apartments in Elkins "on or around" Nov. 21, 2020, when Officer Christopher Boatwright, who is now a sergeant with the EPD, "pounded on the front door" at about 10 a.m.
Boatwright "did not announce his name, his department or his purpose of being at the residence," the lawsuit claims, and "Lothes and two female guests remained silent as they were unsure of who was present at the front door."
The suit claims Boatwright then "fired his department-issued weapon directly at the front door of the residence," adding the bullet "penetrated the front door, living room wall, bedroom wall, the open bedroom door, and finally lodged in the drywall on the exterior wall in the bedroom."
Lothes was in bed and the bullet "passed within approximately three feet (of) his head," the lawsuit claims.
Boatwright then allegedly kicked open the front door, "without announcing himself and without a proper warrant," the suit states, adding that Boatwright then asked Lothes if there were any weapons in the home.
Lothes "then immediately laid on the floor, arms out, in complete surrender to the intruding officer," the lawsuit claims, alleging that Boatwright then entered the bedroom and "used mechanical restraints to bind Mr. Lothes' hands behind his back, ordering him to 'remain on the floor.'"
Boatwright "then proceeded to invasively search the residence without a proper warrant or explanation," the suit claims. Boatwright then allegedly returned to the bedroom, removed the restraints and told Lothes, "Stay on the floor face down until I leave."
The lawsuit claims that Boatwright then left the residence, and Lothes followed him outside and "confronted" the officer, asking, "Hey, what is going on? Why did you shoot at my house?"
Boatwright allegedly said, "I didn't shoot at your house and if you don't want to be arrested you should go back inside," court documents state.
"Lothes, in fear of retribution and the threat of arrest, immediately returned to his residence. There he saw the various holes the bullet's path made through the front door and walls of the residence," the lawsuit states.
According to the suit, on the next day, "Boatwright, while in his police cruiser, pulled in next to Mr. Lothes as he was walking and said, 'Hey, you good?' Mr. Lothes replied, 'No, are you good? You shot my house.'"
Boatwright allegedly said, "I didn't shoot at your house, and I am willing to give you one free pass," the suit claims, with Lothes allegedly responding, "I don't need a free pass, you do. I have the bullet.'"
The lawsuit claims Boatwright then stated, "I can help make your felony go away."
Contacted by The Inter-Mountain Thursday, a high-ranking City of Elkins official said the city will not comment on pending litigation.
According to the lawsuit, Lothes now suffers from "extreme distress," insomnia and lack of sleep due to night terrors, PTSD symptoms and extreme anxiety.
Lothes is asking for a jury trial.
He is seeking $100,000 in compensatory damages, and $1.25 million in punitive damages.
In the lawsuit paperwork, Lothes lists his address as being that of the Pruntytown Correctional Center, a state prison in Grafton.
The lawsuit paperwork states Lothes is "proceeding without an attorney."