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WHEELING -- A criminal charge has been filed against a homeless individual for allegedly assaulting a city employee who was working in East Wheeling earlier this month.
On Friday, the Wheeling Police Department confirmed that one count of battery has been filed in magistrate court on Roland Copney, 34, currently living in Wheeling.
"He is believed to be situationally homeless," Wheeling Police Department Public Information Officer Philip Stahl said.
A warrant for Copney's arrest was issued Friday, officials stated.
The alleged battery incident occurred around 2 p.m. on Thursday, Sept. 14.
Ronald Birkett, a veteran employee of the city of Wheeling Operations Department, was assigned to a crew to clean up an illegal dumpsite in the area across from Sero Street in East Wheeling when the incident took place.
Copney allegedly punched Birkett in the jaw during a confrontation.
During last week's meeting of Wheeling City Council, Birkett spoke before city leaders to seek answers about why nothing had been done about the alleged incident. Birkett addressed council members on Tuesday night while the matter was still under investigation. The council meeting was held several days after the incident took place but a few days before charges were officially filed.
"Last Thursday, two other employees and I were assigned to clean up a dump site," Birkett said. "While I was in the process, two individuals -- a man and a woman -- came out of the woods, very irate."
Birkett said the man had a machete.
"There was a very small verbal argument," he said, stating that the man claimed that they were on his property. "We were never on the alleged property. He sucker punched me in the face and busted my lip. The police were called, and they said they could not do anything because they did not witness the act. Why?"
Birkett spoke during the segment at the end of the council meeting titled "Those Wishing to Be Heard." Traditionally, individuals who sign up to speak before city council are given three minutes to speak before city council. The session is not set up to be a debate, conversation or question-and-answer session - it is strictly an opportunity for citizens to address city leaders on the record about any topic they feel is important.
"As a city employee, am I allowed to defend myself?" Birkett asked. "Why wasn't anything done about this? It's been five days.
"These homeless people are running rampant in the city. They can assault me. Can they come up and assault you, and because the police did not witness it, they cannot arrest the individual? Does that seem right to any of you?"
Wheeling Mayor Glenn Elliott advised Birkett that city officials were not in a position to answer questions.
"No answers," Birkett said.
"When you're on city business, and an individual punches you in the face, he cannot be arrested because the police did not witness it?" Birkett asked.
The mayor noted that this was the first he had heard of this incident. He invited the city manager to address the matter.
"You were doing your job," Wheeling City Manager Robert Herron told Birkett. "You were on city property and were punched. You did nothing wrong, and the police department is investigating. The disposition of the individual who committed that crime has not been determined yet. The matter has not been closed as it relates to that individual."
Birkett expressed disbelief last Tuesday that the suspect had not yet been arrested.
"It is not OK that the individual walked up to you while you were doing your job cleaning up a homeless area and hit you in the jaw," Herron said. "It is still under investigation and it has not been resolved at this point."
As of Friday evening, Copney had not yet been taken into custody.