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Mark A. Cowden, Deprivation of Rights Under Color of Law, West Virginia 2015

Mark A. Cowden, 51, of Weirton, West Virginia, was convicted today after a five-day trial in Wheeling on federal charges of using excessive force against a handcuffed man inside the Hancock County Sheriff’s Office lobby in January 2015. The former lieutenant with the department was found guilty of Deprivation of Rights, a felony that carries a maximum sentence of ten years in prison and a $250,000 fine.

Video evidence played during the trial showed Cowden slamming the arrestee face-first into a brick wall, driving his head into the unforgiving surface, then delivering a closed-fist punch to the back of the man’s skull. The entire confrontation, captured by surveillance cameras, unfolded while the victim was restrained and posed no threat. The footage, described by prosecutors as ‘unambiguous and disturbing,’ formed the backbone of the government’s case.

Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division, stated, ‘When law enforcement officials flout the law they take an oath to uphold, their actions erode trust in our public institutions.’ She reaffirmed the DOJ’s commitment to holding officers accountable when their conduct violates constitutional rights.

U.S. Attorney William J. Ihlenfeld, II, of the Northern District of West Virginia, emphasized the betrayal of public trust. ‘When Mark Cowden became a deputy sheriff he promised to serve and protect all citizens. He broke that promise when he physically assaulted a handcuffed man.’ Ihlenfeld added that while Cowden’s actions are indefensible, they should not tarnish the reputation of the countless officers who serve with integrity.

The Federal Bureau of Investigation opened its investigation in March 2016 after the U.S. Attorney’s Office referred the case. Prosecution was led by Assistant U.S. Attorney Jarod J. Douglas and Trial Attorney Nicholas Murphy from the Civil Rights Division’s Criminal Section. Cowden was acquitted of a separate charge—Obstruction of Justice – Falsification of Documents—but still faces significant prison time at sentencing.

Sentencing will be determined by Senior U.S. District Judge Frederick P. Stamp, Jr., under federal guidelines that weigh the severity of the offense and the defendant’s criminal history. The conviction marks a rare federal prosecution of a West Virginia law enforcement officer for on-duty violence and sends a stark message: no badge shields anyone from accountability.

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