Former Correctional Officer in West Virginia Charged with Using Force to Punish Detainees and Submitting a False Incident Report

Adam Joseph Neal Graham, 26, of Elkins, West Virginia, was charged in a three-count indictment with violating the rights of two pretrial detainees at the Tygart Valley Regional Jail (TVRJ) and obstructing justice.  The indictment charges that Graham, while serving as a TVRJ correctional officer, assaulted and injured two pretrial detainees, and then submitted a false incident report to cover up his use of unlawful force.  The indictment alleges that Graham assaulted a detainee on February 15, 2015, and assaulted a second detainee on March 9, 2015.

An indictment is merely an accusation and the defendant is presumed innocent until proven guilty.  If convicted of assaulting a pretrial detainee in violation of 18 U.S.C. § 242, Graham faces up to 10 years in federal prison for each violation.   Graham also faces up to 20 years in federal prison for submitting a false incident report in violation of 18 U.S.C. § 1519.  

The case is being investigated by the FBI’s Pittsburgh Division.  Special Litigation Counsel Gerard Hogan and Trial Attorney Olimpia E. Michel of the Civil Rights Division’s Criminal Section, and Assistant U.S. Attorney Sarah W. Montoro of the Northern District of West Virginia are prosecuting the case.