West Virginia State Police cruiser.
BECKLEY – A Greenbrier County woman claims two State Troopers used excessive and unconstitutional force in the 2024 shooting death of her 44-year-old son and then withheld key body-camera footage from the family.
Barbara Burdette, as administratrix of the estate of Juston Denver Grant, filed her complaint last month in federal court against Troopers D.P. Dillon and J.C. Mann.
Grant died after being shot multiple times by police May 6, 2024, in a Fairlea parking lot near the West Virginia State Fairgrounds. Burdette says the two troopers violated her son’s Fourth Amendment rights.
diTrapano
“For more than two years, Justin Grant’s loved ones have been searching for answers about what happened on May 6, 2024,” L. Dante diTrapano, one of the attorneys representing the estate, told The West Virginia Record. “This civil action seeks to uncover the truth and provide long-overdue answers about the circumstances that led to his death.
“The allegations in the Complaint raise serious concerns about the events that caused Justin’s death. Through this case, his family hopes to finally obtain a full understanding of what occurred and ensure that those responsible are held to account in a court of law. That is precisely what the civil justice system is designed to do.”
According to the complaint, troopers responded to a call that day about a “suspicious man” allegedly brandishing a weapon. It says Grant, a Lewisburg resident, had walked through an overgrown field from the home he shared with his mother to meet his girlfriend so they could take her dog for a walk.
Burdette says Dillon was the first officer to arrive and “immediately” began yelling at Grant while pointing a Taser at him, which he later deployed. When Mann arrived, Grant was leaning into the driver’s side rear door of his girlfriend’s car, according to the filing. The complaint says body‑camera footage the family has been allowed to see shows the entire vehicle in frame and captures Dillon’s voice but not his image, which the family says indicates Dillon never moved close to Grant.
The complaint says Grant, was shirtless and holding a T‑shirt and a small garden sickle hand tool commonly used for cutting grass and vegetation. It says the footage shows Grant never used or displayed the sickle in a threatening manner and stayed several feet away from both troopers during the encounter.
Grant extended his hands away from his sides and said something to the effect of “I did not do anything,” according to the complaint, appearing confused about why officers had guns trained on him.
It says Grant did not resist arrest and did not attempt to flee. It also says there was “no indication of a crime being committed.”
Lindsay Jones, Grant’s girlfriend, was in the driver’s seat with her dog and told the Troopers she was there to pick Grant up, according to the complaint. The suit claims Dillon “dismissed” Jones and failed to use her as a resource to communicate with Grant or help defuse the situation.
As Grant moved around the trunk area and toward the passenger side of the vehicle, the complaint says Dillon fired his Taser and then opened fire with his handgun.
After being struck by a Taser barb and initial gunshots, Grant stumbled forward and reached toward the rear passenger door handle, either to steady himself or try to get inside the car, according to the complaint, which also says Grant could not have driven the vehicle or used it as a weapon against officers.
While Grant was wounded, turning away, “compromised” and non‑threatening, Burdette says Dillon advanced and fired additional shots into Grant at close range as he was falling.
Burdette says the Troopers made no effort to de‑escalate the encounter, did not create time and distance, did not summon crisis‑intervention or mental‑health resources and did not seriously consider less‑lethal alternatives before resorting to deadly force.
The entire incident – from dispatch to Grant being pronounced dead at Greenbrier Valley Medical Center – lasted about 50 minutes, according to the complaint, which also calls the response “reckless, wanton and willful” and “conscience‑shocking.”
A death certificate attached to the complaint lists Grant’s cause of death as “multiple gunshot wounds” and gives his manner of death as “homicide.” The certificate shows Grant was pronounced dead at 4:54 p.m. on May 6, 2024, at CAMC Greenbrier Valley Medical Center in Ronceverte.
Burdette’s lawsuit also highlights a prolonged fight over access to body‑camera and dash‑camera recordings.
After the shooting, she claims the family filed Freedom of Information Act requests with the West Virginia State Police, but the agency initially denied them, citing an ongoing investigation. The complaint says the Pocahontas County prosecuting attorney later allowed the family to view video from Mann’s body camera but not Dillon’s body‑camera footage or any dash‑camera recordings.
According to Burdette, it is now her understanding that the investigation has been closed, yet the requested videos and records still have not been turned over. The continued refusal, the complaint says, has left Grant’s family, friends and the broader community with “serious questions” about what happened in the moments leading up to his death.
Forbes
“According to the allegations in the complaint, Justin Grant posed no immediate threat when deadly force was used against him,” attorney Jesse Forbes told The Record. “As alleged, he wasn’t threatening officers or anyone else and yet was shot in the back in broad daylight, causing his untimely and disturbing death. His family is seeking justice and accountability for a tragedy that should never have occurred.
“The Constitution places important limits on when government officials may use deadly force against a citizen. This lawsuit seeks to enforce those fundamental protections, secure justice for Justin Grant and his family, and ensure that any improper conduct is brought to light so that no other family suffers a similar loss.”
She accuses Dillon and Mann of using excessive force in violation of Grant’s Fourth Amendment rights. Even as Grant held a garden sickle and disregarded some commands, the complaint says he never made threatening or furtive movements, advanced on the Troopers or engaged in a dangerous chase that could justify deadly force. She also accuses them of negligence and wrongful death.
She also files “bystander liability” claim against Mann, alleging he had a clear view of Dillon’s use of force, a reasonable opportunity to intervene and a duty to act but chose not to do so.
The complaint also contends the officers are not entitled to qualified immunity because their conduct was malicious, in bad faith or reckless.
Burdette seeks compensatory damages for medical and funeral expenses, loss of income, loss of services, loss of companionship, emotional distress and mental anguish and loss of enjoyment of life as well as punitive damages, attorney fees, court costs, pre- and post-judgment interests and other relief.
U.S. District Court for the Southern District of West Virginia case number 5:26‑cv‑00314
