Man Sues WVSP for Brother's Death

The brother of a man killed by a motorist on Interstate 79 last summer blames the state trooper who left the victim near the highway after his release on drunken-driving charges.

Tracey Kinder filed a lawsuit in Monongalia County Circuit Court against the State Police, Trooper Kyle Totten and the motorist who hit 49-year-old John Kinder.

The Dominion Post reports John Kinder had been arrested for suspected drunken driving and allegedly failed a sobriety test. He was charged with aggravated DUI and released that night by a Marion County magistrate.

The lawsuit claims Totten left John Kinder near the Goshen Road exit.

Investigators say Kinder was later struck as he stood in the middle of a northbound lane near that exit.

State Police declined comment on the case.

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