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Department of Justice Press Release
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For Immediate Release
July 6, 2009
United States Attorney's Office
Southern District of West Virginia
Contact: (304) 345-2200

Former Montgomery Police Officer Pleads Guilty to Civil Rights Violations

CHARLESTON, WV—A former Montgomery Police Officer pled guilty today before Chief United States District Judge Joseph R. Goodwin to a two-count information charging him with deprivation of rights under color of law. Matthew A. Leavitt, 31, of South Charleston, WV, admitted that on September 26, 2008, while acting as a uniformed police officer for the City of Montgomery, he intentionally struck an African-American man with a slap jack, an unauthorized piece of law enforcement equipment, thereby using excessive force and willfully depriving the victim of his Constitutional right to be free from unreasonable force by one acting under color of law. Leavitt further admitted that on the same day, he unlawfully and without probable cause detained and arrested the victim's wife on a charge of driving under the influence of alcohol or controlled substances.

Leavitt, who is scheduled to be sentenced on September 24, 2009, faces up to two years in prison, a $200,000 fine, two years supervised release, and an order of restitution to the victims. The Federal Bureau of Investigation conducted the investigation. United States Attorney Charles T. Miller is handling the prosecution.