Trooper Marshall L. Bailey
West Virginia State Police, West Virginia
End of Watch: Tuesday, August 28, 2012
Tour of Duty: Not available
Badge Number: Not available
Cause of Death: Gunfire
Date of Incident: August 28, 2012
Weapon Used: Handgun
Suspect Info: Shot and killed
Agency Contact Information
Colonel C. R. "Jay" Smithers
West Virginia State Police
725 Jefferson Road
South Charleston, WV 25309
Phone: (304) 746-2100
Trooper Marshall Bailey was shot and killed after he and another trooper stopped a vehicle for reckless driving at the commuter parking lot adjacent to I-79, in Clay County, at approximately 8:30 pm.
The subject had been arrested and placed into the back of a patrol car when he was able to get out of his handcuffs. He then drew a concealed handgun and shot both troopers inside of the vehicle, killing Trooper Bailey. After climbing out of the vehicle he shot a tow truck driver who had been called to the scene to impound his car.
The man then fled on foot and setup an ambush in a ditch. Approximately one hour later he opened fire on a Roane County sheriff’s deputy who was searching for him, wounding the deputy in the arm, hand, and stomach. The injured deputy was able to return fire, killing the subject.
Trooper Bailey is survived by his wife and two children.
CHARLESTON, W.Va. — West Virginia State Police Trooper Marshall Bailey died doing something he loved, his family said Wednesday.
"He’s always wanted to be in law enforcement. When we were kids that is all he talked about. He always respected police officers, even when he was little," said Justin Bailey, a doctor in Charleston and the younger brother of Marshall Bailey.
Marshall Bailey, 42, was gunned down Tuesday night during a routine traffic stop at the Wallback park and ride in Clay County. A second trooper, Roane County Sheriff’s Deputy John Westfall and a local driver of a wrecker truck were also shot by a man believed to be Luke Baber, 22, of Oak Hill.
Baber was killed in the shootout.
Being a police officer was "a responsibility that [Bailey] didn’t take lightly. He knew what law enforcement meant," his brother said Wednesday.
Justin Bailey, 39, said his older brother "was a great guy. I am not just saying that because he was my brother. He was a man of integrity, a man of honesty."
Marshall Bailey loved to hunt and fish and spent lots of time outdoors with his younger brother. "There are so many stories about our time together — I can’t pick just one. We were close," Justin Bailey said.
In addition to his brother and parents, Bailey leaves behind three children: Whitney, 22, Lauren, 6, and Wyatt, 4. Bailey recently separated from his second wife.
WALLBACK, W.Va. — A State Police trooper from Clay County was killed, another trooper was in critical condition and two other people were shot in an incident Tuesday night at the Wallback park and ride off Interstate 79 in Roane County.
Family members identified the state trooper who was killed as Marshall Bailey, a resident of Poca.
The alleged shooter — identified by a family member as Luke Baber, 22, of Oak Hill — was then shot by a sheriff’s deputy shortly afterward.
In addition to the two troopers, a Roane County sheriff’s deputy and the driver of a wrecker truck were also shot, State Police Sgt. Michael Baylous said.
At about 8 p.m. Tuesday, the two State Police troopers conducted a traffic stop at the park and ride with the suspect. The driver of the wrecker truck was also at the scene, Baylous said.
At some point during the traffic stop, the suspect pulled a gun and shot both troopers and the truck driver, Baylous said.
The man then fled the scene on foot. When police officers found him, they and the suspect engaged in a shootout, Baylous said. Baber was killed, and a Roane County deputy was wounded.
The suspect was killed, and the wounded officers were taken to CAMC General Hospital, Baylous said. There was no update on the shooting victims’ conditions this morning, and State Police still had not released their names.
Roane County Sheriff Mike Harper identified his wounded deputy as John Westfall, who has been with the department about six months, and also works part-time for the Spencer Police Department.
"He’s going to be fine," Harper said of Westfall. "He took one [bullet] in the abdomen, but he had his vest on, which I believe saved his life."
The sheriff said Westfall’s body armor kept the bullet from doing serious damage. Westfall was also shot in the arm and hand, Harper said.
Baylous said Tuesday night that the Roane County deputy who was wounded was the one who killed the suspect, but Westfall said this morning he wasn’t sure if that was correct.
On the MetroNews "Talkline" radio show this morning, Baylous said police were told Tuesday night to be on the lookout for a reckless driver. Baber had stolen the vehicle in Fayette County, but police didn’t know that when they stopped him, Baylous said.
"To our troopers there, this was just a routine traffic stop," Baylous said.
He said fellow state troopers are taking the shootings hard.
"We’re a small department, everybody knows everybody," Baylous said. "Law enforcement is like a band of brothers."