MARTINSBURG, WV / ACCESS Newswire / January 14, 2026 / A civil lawsuit has been filed in the Circuit Court of Berkeley County alleging that the West Virginia State Police issued incompatible ammunition to a trooper and failed to correct known safety problems, leading to a firearm malfunction during a December 2023 armed encounter that left two troopers wounded, one catastrophically.

The complaint was brought by injured troopers Abraham A. Bean and Cadin D. Spessert and their families against the West Virginia State Police. The plaintiffs are represented by Injury Rights Law Firm, PLLC, and Laird Law, PLLC.

According to the filing, the lawsuit arises from a Dec. 17, 2023, attempt by Bean and Spessert to serve an arrest warrant in Martinsburg. During the encounter, the complaint alleges, Trooper Bean's issued 9mm duty firearm malfunctioned after a .40-caliber round, ammunition incompatible with his firearm, was issued to him by the West Virginia State Police and loaded into his magazine. The malfunction rendered the weapon inoperable during the exchange of gunfire.

Bean was subsequently shot multiple times and later underwent an above-the-knee amputation of his left leg. Spessert was also shot during the incident and continues to receive medical treatment, according to the complaint.

The lawsuit does not challenge the officers' conduct during the encounter. Instead, it focuses on alleged workplace safety failures within the agency's ammunition supply and control systems. The complaint alleges that the West Virginia State Police had prior knowledge that incompatible ammunition posed a serious officer-safety risk but failed to eliminate the hazard before the shooting occurred.

The filing cites a 2020 legislative audit that identified deficiencies in the agency's ammunition handling, storage, and inventory practices, including the retention of obsolete and incompatible ammunition calibers after the agency transitioned to 9mm duty firearms. According to the complaint, the audit warned that those practices created officer-safety risks.

Following the audit, the State Police issued internal directives ordering the removal of incompatible ammunition and requiring improved controls and verification procedures. The lawsuit alleges those directives were not fully implemented or verified, allowing incompatible ammunition to remain in circulation and ultimately be issued to Trooper Bean.

The complaint further alleges that, despite knowing the risks identified by the audit and its own internal communications, the agency continued to require troopers to rely exclusively on issued ammunition without warning them that incompatible rounds could still be present. The lawsuit contends that this failure to act nearly resulted in the deaths of both troopers during the December 2023 encounter.

"This case centers on whether known safety risks were addressed in a way that protected officers in the field," said George N. Sidiropolis, counsel for the plaintiffs. "The allegations raise questions about accountability when identified hazards are not corrected."

The lawsuit asserts claims under West Virginia's "deliberate intent" statute, which allows employees to pursue civil claims when an employer knowingly exposes workers to specific unsafe conditions presenting a high probability of serious injury or death. The complaint also includes loss-of-consortium claims on behalf of family members affected by the injuries.

The filing emphasizes that the issues raised extend beyond the individual plaintiffs, implicating broader concerns about officer safety, internal controls, and the implementation of corrective measures following official audits of public agencies.

The case is styled Abraham A. Bean, et al. v. West Virginia State Police and was filed on Dec. 17, 2025, in the Circuit Court of Berkeley County, West Virginia. The defendant has not yet filed a response. The matter will proceed through pretrial litigation under the court's scheduling orders.

About Injury Rights Law Firm, PLLC
Injury Rights Law Firm, PLLC, represents individuals and families in complex civil litigation involving catastrophic injury, wrongful death, and insurance company misconduct.

About Laird Law, PLLC
Laird Law, PLLC, is a West Virginia-based litigation firm providing representation in civil matters involving disfigurement, spinal cord injuries, and other complex cases.

Media Contact

Company Name: The Injury Rights Law Firm
Contact Person: Mr. George Sidiropolis
Email:george@injuryrightsfirm.com
Phone: 304-233-7766
Country: United States
Website: http://injuryrightsfirm.com/

SOURCE: The Injury Rights Law Firm