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Agent in Stonegate Is Facing Charges

Prosecutor claims health care privacy rules limit comments

By FRED CONNORS
POSTED: August 27, 2009

Article Photos


WHEELING - An arrest warrant has been issued for James E. Sirbaugh - a U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives agent in Wheeling - as a result of a domestic disturbance at his home Friday.

Sgt. Michael T. Baylous, a West Virginia State Police spokesman in Charleston, released Sirbaugh's name Wednesday. State Police Sgt. Scott Adams confirmed that a warrant has been issued but not served on Sirbaugh, 36, of 18 Stonegate Drive.

The public access computer at the Ohio County Magistrate Clerk's office revealed that on Saturday, a warrant was issued charging Sirbaugh with domestic assault and brandishing a weapon.

"He is receiving medical treatment at this time, and the warrants will be served upon him when he is released,"Adams said.

Adams noted the case is being investigated by State Police Trooper Nick Nolder of the Wheeling detachment. Nolder's criminal complaint notes that Ohio County sheriff's deputies were called to the Sirbaugh home shortly after 5 p.m. Friday regarding a domestic disturbance. The complaint alleges Sirbaugh and wife were involved in a disagreement and that the woman told her husband she wanted to leave the home and go to her mother's home.

The complaint states that Sirbaugh grabbed a knife he had taped to a flagpole in the yard and slashed a tire on his wife's car. It alleges he entered the home and went to a second-floor window, where he began throwing items toward his wife's car before returning to the car and slashing another tire.

As events unfolded, law enforcement officers blocked access to half of the Stonegate development and told residents to stay in their homes or vehicles.

State troopers declined to disclose what was happening at that time. Some neighbors speculated that a man had barricaded himself in his home and refused to exit. The State Police also had a special incident vehicle at the scene, as did the sheriff's department.

As of Tuesday evening, law enforcement officials had refused to publicly comment on what caused 13 cruisers to respond to the neighborhood Friday evening and remain there into Saturday morning. A Triadelphia Volunteer Fire Department truck also arrived in the area at about 9:30 p.m.

Ohio County Sheriff Pat Butler described what occurred there as a "family situation" on Friday. He said Tuesday that the case is under the jurisdiction of the West Virginia State Police.

"I cannot comment on another agency's case," Butler said, even though his deputies were at the scene.

Adams said four or five State Police vehicles were on the scene, along with several other law enforcement vehicles. He said case is not getting special attention because an ATF officer is involved.

"The fact that he is a law enforcement officer has no bearing on how the case is being handled," Adams said.

Ohio County Prosecutor Scott Smith said in a Wednesday news release that his office has been involved in the case since early Saturday.

"We have taken every effort to make sure the public, the residents of Stonegate and the individuals involved in this matter are safe," the release notes. "The Ohio County prosecutor's office continues to monitor the situation and is working with the investigating agency to continue to keep the public safe."

Smith said the fact that Sirbaugh is hospitalized has been a factor in why law enforcement officials have not commented on the case.

"Due to his hospitalization, law enforcement agencies and the Ohio County Prosecutor's Office are limited as to what can be released due to medical privacy concerns with the (Health Insurance Portability and Accountability Act) requirements," Smith said.

 
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Member Comments
View Comments: | 1-25 |26-50 |51-65 | Post a comment
ElScorcho
08-29-09 10:48 AM
Obviously the ham fisted constabulary who answered this call felt that they could attempt to silence everyone from publicizing this incident. "Close ranks and cover up" is the motto of this bunch of Barney Fifes. Unfortunately, they seem to be aided by the typically "legal interpretation challenged" Scott Smith, who seems to think that HIPAA somehow applies in a case of public safety. It's no wonder that his office is only able to successfully prosecute someone if their crime is witnessed by a dozen cops and if they sign a confession in the presence of six priests and an insurance agent.

JamesT
08-28-09 7:36 PM
The law need to put these dirty cops in general prison population. Watch the sleazy crooked cops go into another profession...like politics!! I respect the olice and believe in obeying the law so, we need to make examples of the " finest " going bad and keep honest cops honest.

goodboy
08-28-09 4:30 PM
EllisWyatt, "Why do local Democrats cry foul when a local law enforcement officer's case is publicized yet they have no qualms about prosecuting CIA agents and endangering our country?"

This should be interesting. What crimes should we prosecute?

tunasandwich
08-28-09 3:17 PM
Also some lady on channel 9 said she was told to stay inside because there was a bomb scare. I think it was a Jasmine Lo report.

tunasandwich
08-28-09 3:08 PM
When you hold someone against their will and do not let them leave, and there is an indication of a threat of force, I am sure Scott Smith would consider that kidnapping. Again, remember, the true "vitims" of this incident are his family.

BurningUp07
08-28-09 10:20 AM
Gregory that story about the cute girls in the fender bender accident and all the cops around was priceless lol.

MeanStreak
08-28-09 9:00 AM
accoustic the article does not say that she was held against her will. That in and of itself is NOT kidnapping. It would be considered false imprisonment.

acousticportal
08-28-09 8:39 AM
Yep, all crimes now must be based on the Kearns decision... high times for criminals above a certain yearly wage or with connections to the community. Murder - 30 days. Everything else one week or less, maybe a fine.

Kidnapping - is it indeed kidnapping when you forcefully restrict another person from free movement?

catlover2
08-28-09 8:01 AM
Ellis,time for your medication.

ElmGroveMan
08-27-09 11:43 PM
tuna where does it say that he kidnapped his wife and threatened everyone with a bomb?

EllisWyatt
08-27-09 7:34 PM
Why do local Democrats cry foul when a local law enforcement officer's case is publicized yet they have no qualms about prosecuting CIA agents and endangering our country?

If you try to pick up a prostitute, your face and name are front page news. If you flip out and threaten to blow up your house and kill your wife, and attract 13 police cruisers, well, that's nobody's business.

Graysongs
08-27-09 5:13 PM
tunasandwich - Usually they charge the felonies as a bargaining chip to get the person to plead out on the misdemeanors in exchange for dropping the felonies. That's what happens with regular folks anyway. It may be different when dealing with LEOs.

tunasandwich
08-27-09 4:36 PM
You are so right wv26003- I mean if you get 90 days for killing a girl while you are drunk, threatening to blow a house up and kidnapping your wife has to be a fine

fightthepower26003
08-27-09 4:34 PM
Only expect to see Scott Smith if there are cameras in the courtroom when it goes down.

GregoryVasiliou
08-27-09 4:20 PM
This guy had the power of taking your life just two days ago and now here he is ranting and raving unable to even maintain a domestic relationship. I didn't "gleem" a*****thing from all of this but I did glean that a badge and a gun do not make you one iota better than or superior to anyone and you can either be a hero or a zero depending upon your own volition and temperment.

Sad part is, unlike most of us, this guy going bonkers like this will most assuredly guarantee him a nice government disability pension with which he can spend his time being a tea bagger speaking out against Obama's pernicious socialist agenda.

tunasandwich
08-27-09 4:04 PM
I agree lets walk a mile in his shoes or should we walk a mile in his wife's shoes. She is the one who was kidnapped and has had her life destroyed by the actions of this individual. I hope that the authorities deal with his actions as strict as they would a poor person. From what I have gleemed from the story, it appears the initial charges are only the tip of the iceberg. I would assume there have to be a bunch of felonies coming also. I mean didn't he threaten to blow up a house and hold his wife against her will. At least he isn't charged with resisting arrest. . . is he?

GregoryVasiliou
08-27-09 3:50 PM
OBAMA-BOO!

Just trying to scare Elklis Wyatt.

robojock
08-27-09 3:07 PM
I personally know the agent involved and he was usually quite competent so do not look at my remarks as statments against him. First, federal agents start out at around $57000 yearly, and retire sometimes making $150000, depending on their GS level and if they are a SAC or Special Agent in Charge. Second, I think that instances like this are frankly a reflection of the federal agent hiring process, which I have been part of. The process is quite the joke and is heavily politically influenced, as often the contendors are not even given the results of tests taken to get the jobs, but I have witnessed politicians push people through. I also have been flabergasted in the past about the quality of people hired, because a person I grew up with obtained a like job, despite the facts that he sold pills and marijuana in high school, and was caught.

ChaplineRow
08-27-09 3:02 PM
It's real easy to critize people in law enforcement but trust me it is a tough job. They have one of the highest rates of suicides and divorce of any profession and the average life span of a career cop is 57. I don't know this guy but any of us can snap. Tell me this, what other profession can you be charged with a misdemeanor domestic violence and lose your job or career over it? The standards are high and the penality for making a mistake is high also. About 150 officers are killed each year, try walking in their shoes before all the cute remarks and insults. I hope he and his family recover. By the way domestic calls are one of the most dangerous, that is the type of call that got 3 Pittsburgh cops killed not long ago..

GregoryVasiliou
08-27-09 2:30 PM
Just passed an accident, small fender bender, noticed no less than 5 police vehicles there. Hmmm, I wondered what virtuous lifesaving actions might these heros of the road be engaged in at this moment? Since neither car was badly damaged I was at a loss. Then I saw the drivers, both young women with summer clothing on showing an abundance of flesh. Hmmm, all these cops just to leer at two young girls. Lease this 100 yard of road is relatively safe from terrorist attacks or reckless drivers.

smillard
08-27-09 1:47 PM
BigCanary You are correct and we shall all find out in time.

Graysongs
08-27-09 1:42 PM
HillsMan - We're never going to agree on the "hero" thing, but what kind of gross negligence and failure on the part of this guy's agency superiors let this reach this point? What if he had not been "talked down"? What is he had killed his wife and maybe himself? This kind of failure on the part of his bosses endangers lives, not only of those immediately involved, but of other federal agents who are "tarred with the same brush" when something of this sort occurs.

justmytake
08-27-09 1:37 PM
"However, he is limited by his editors. They have put the kibosh on many of his stories"

Let me get this straight, not only did the police seek to cover up this incident so did Mike Myers. OK, if you say so. If Mike Myers put the kibosh on this story as you suggest then maybe Mr. Conners needs to do a story on his own boss. Maybe????? I doubt it. If Mr. Conners, as you suggest had all the information on Monday Why hold it. Oh, yea that editor.

HillsMan
08-27-09 1:35 PM
wvjeeper...First off I want to say thanks for your service to this country and say I agree with you on the Nam vets. Nam vets have and always will be a hero in my eyes. Hero is a term that comes in many forms. I think the father that works his tail off to provide the best he can for his family is a hero. The teacher in school that motivates and gives the knowledge to a child to fulfill his or her life's dreams is a hero. This list could go on and on. Yes, the Nam vets are heroes but many of them have fallen to the stresses that war causes. You should understand what stress can do to you since you served in Nam. No, James was not in the military but he was serving his country, community and the people who live in it by doing the job he did. Not going to argue with you but simply hope you understand what I am trying to say. I agree with the Nam vets being heroes 100% but I still stand strong about James also being a hero. Just my opinion...

wvjeeper
08-27-09 1:06 PM
you call this person a hero? do you pass many vets in your daily lives or do you not take time to know them? the only reason you know of this man is becuae he blew a fuze. what about the nam vets asking for change on the streets? heros in your eyes? in mine they are. these men are put in more danger than any member of the wheeling police in a life time. and to compare this man to them is a huge insult to all of us vets. i am a vet.

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