Welcome back to the channel. Do you remember when I told you about my client's case over a year ago: On March 10th the West Virginia State Police Special Response Team executed a search warrant in McDowell County West Virginia and shot 21-year-old Darius Lester multiple times. Yesterday I went and met Darius and his family and examined the scene of the shooting. The truth is far from what the state police gave to the news media. So the SWAT team shot my client who was inside sleeping and in an attempt to justify their behavior they alleged that he came at them with a hammer and they charged him with a felony for that. And then I did an update video telling you the great news that the criminal charges against him had been dropped: The criminal case has now been beaten a local Magistrate Judge who heard the evidence at a hearing this week and determined that there was insufficient evidence for the charges to continue. Well now just days before the one year mark from the date that my client was shot, new criminal charges unbelievably have been filed by the government this is the most outrageous police shooting case that you've never heard about really it should be national news my client um 21-year-old at the time Darius Lester he's laying on a couch sleeping well inside this house he's completely innocent not suspected of having committed any crime unbeknownst to him the West Virginia State Police SWAT team shows up just before Sunrise to execute a search warrant he knows nothing about this he's unrelated to the allegations what happens is they come in and they end up shooting him twice their allegation was is that he tried to attack them with a hammer this is specifically what the West Virginia State Police told the news media warrant at about 5:45 a.m. members of the West Virginia State Police SRT acting in cooperation with the FBI served the search warrant at the resident of Jeremy Lester upon entry members were confronted by Darius Lester 22 of Big Sandy who was armed and attempted to attack the members with a hammer members engaged the suspect and shots were fired stopping the threat first aid was administered on scene until EMS arrived Darius Lester was transported to Raleigh General Hospital for his injuries so laughably in their press release to the news media they just claim that Darius was a guy who was armed and attempted to attack this SWAT team with a hammer that's what they said so I went out there and interviewed Witnesses myself visited the scene myself and that's not all what happened not at all what happened and here's what really happened Darius had been asleep on the couch in the home's living room where he liked to sleep Darius was unarmed at the time that he was shot and was still on his bed as indicated by the pool of blood on and underneath the couch where he was sleeping which I looked at yesterday Darius had no criminal record he was not under arrest he was not suspected of having committed any crime he was merely sleeping on the couch in a house where police were executing a search warrant completely unrelated to him Darius works as a cold truck driver he works the night shift so he had just gotten off work at around 4:00 a.m. he then went to sleep shortly after getting home then sometime just after 5:00 a.m. the State Police SWAT team showed up and inside the house everybody was asleep including Darius their story has changed a couple of times already but now we have a more thorough police report this is I guess what they're going with after announcing multiple times a member of the West Virginia State Police SRT That Special Response Team breached the door using a Ram Tool senior Trooper ji Jones entered the interior of the residence first in a position commonly referred to as Point followed by the remaining West Virginia State Police Sr team members each of the members continued to verbally announce a state police search warrant as they entered the residence senior Trooper ji Jones and other SRT members began searching for anyone or anything that could pose a potential danger in doing so SRT members began clearing one area of the interior of the residence and then moving to the next area as senior Trooper JL ji Jones Advanced through the interior of the residence he encountered an individual later identified as Darius Lester approaching him upon seeing Darius Lester senior Trooper ji Jones commanded him to get on the ground Darius Lester continued to move toward senior Trooper ji Jones yelling and refusing to comply with his Jones's commands Darius Lester stopped at one point within feet of where senior Trooper ji Jones was positioned Darius Lester positioned himself in a quote bladed stance with his left side facing senior Trooper ji Jones continuing to scream in a loud incoherent manner at that point Darius Lester armed with a large Hammer lunged toward senior Trooper ji Jones Darius Lester attempted to strike senior Trooper ji Jones by swinging his right arm in an overhead downward motion at him senior Trooper Jones fired two quick shots from his West Virginia State Police issued Sig sour MPX 9mm firearm in succession at Darius Lester to protect himself from injury or death Darius Lester sustained two gunshot wounds to his upper torso and left arm causing him to drop the hammer from his hand Darius Lester dropped to the resident's floor and continued to refuse to comply with senior Trooper Jones's commands to lay face down senior Trooper Jones continued to direct his duty weapon at Darius Lester due to him lesters continuing to resist and gain an upright stance senior Trooper Jones utilized the muzzle of his duty weapon to deliver a strike to Darius Lester to gain his compliance the strike contacted Darius Lester in the facial area causing him to eventually fall to the floor senior Trooper Jones held Darius Lester on the resident floor until he calmed and the remaining areas of the residence could be secured at that point senior Trooper Jones assessed Darius Lester's injuries and administered immediate first aid treatment by placing a tourniquet on Lester's left arm so which is it did they bust in and shoot Darius as he's sleeping inside the house or did Darius confront them and proceed towards them with a hammer and try to kill them with a hammer and refuse orders to drop the hammer and then fight them some more well on the one hand we have the state police who originally charged Darius with the felony of attacking police officer with the hammer and trying to kill him and had their opportunity to have their day in court to have their Witnesses testify to present evidence just to meet the bare probable cause standard to continue these felony charges against Darius and they failed they they failed to present any probable cause in court the magistrate dismissed the charge against them the state police opted not to have any body cam footage of what happened so we have to take their word for it of course they've hid the name of the shooter this entire time this is the first we've been able to identify the shooter um they waited an entire year to file these new charges they have opted to keep the information from the public to keep information from Darius we filed multiple foyer requests which have been denied on the grounds that there is a continuing investigation and on the other hand we have the Undisputed evidence at the scene that shows where the police came through the front door and then it shows where they attacked Darius it shows the the pool of blood at the couch on which Darius was sleeping consistent with Darius side of things so on the one hand you have an armored SWAT team we don't even know how many of them coming in the house and then on the other hand you have completely unarmed completely innocent no criminal history Darius who is shot twice blood all around the bed he was sleeping in gee I wonder who's telling the truth so they had originally charged Darius with the felony offense of attempt to commit felony malicious wounding then they lost on those charges now they refiled two misdemeanors and there's a one-year statute limitations for the state to charge misdemeanor crimes in West Virginia one assault not even battery misdemeanor assault then they also charge misdemeanor brandishing of a deadly weapon slth threatening or causing breach of the piece now the deadly weapon obviously is the hammer and as I explained before why did they do this it has nothing to do with Justice I mean they're the ones who shot Darius Darius was innocent he he wasn't even suspected of having committed any crime they shot him and to cover their own butts they are trying to get something anything any sort of conviction against Darius why because they know that there's a civil civil rights lawsuit coming and they're running defense for the civil defense they're defending from the future civil lawsuit by abusing and misusing the criminal justice system so they shot him and then they're Prosecuting him so that they don't have to pay him any compensation for what they wrongfully did to him and as I've explained before the reason they're doing this and the problem this potentially causes is if there is a state court judgment finding that somebody attacks somebody with a hammer that has to be respected in any subsequent federal court proceeding so obviously that is going to hurt us in a civil rights lawsuit and that is why they're doing it so hopefully he will still be able to beat these absurd ridiculous criminal charges unfortunately it's all happening in McDow County which is an Infamous place where said Hatfield was shot on the courthouse lawn so anything is possible in McDow County as we can see from this particular case subscribe both here and at the blog at the Civil Rights lawyer.com because there will be future videos on this probably many of them if you want to follow along also follow me on Twitter 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