"This is the case where Mr. Wayne A. Jones was shot to death by, we believe, to be five Martinsburg City Police officers on
At that time, Lambert says as plaintiffs, they had the City of
Now, only two complaints in the case remain.
"We dismissed the Martinsburg Police Department on grounds that they're really not subject to suit. The City of
Now, there's a new ruling.
While questions still surround the case, the judge has ordered the City of
Lambert says it's not unusual for certain routine motions to be dismissed like this one, but he also explains how this case is a little different.
"In this case, the distinction is that both parties agree. It's an agreed order to dismiss the Martinsburg Police Department," said Lambert.
Currently the West Virginia State Police are investigating the shooting.