Couple claims corrections officer who shot Fairmont man harassed them in regional jail

Jul. 3—FAIRMONT — Two Marion County residents allege they were harassed by employees at North Central Regional Jail after their arrest due to their connection to Charles Echols III who was shot and killed in August 2023.

Michael Joseph Costello, one of the correctional officers at NCRJ, told police he killed Echols in self defense. So far, Marion County Prosecuting Attorney Jeff Freeman explained in previous reporting that evidence pointed to self defense. However, the family of Echols III say the story does not add up.

Both individuals requested to have their names changed for this story, due to their case from the arrest still making its way through Marion County courts.

The Marion County Sheriff's Office arrested Frank Richards and Delilah Roberts on May 12, 2024 on domestic abuse charges. Police transported them to NCRJ, where they were booked into the jail. The harassment began once officers realized Richards' and Roberts' connection to Echols.

"They kept my wife out front," Richards said. "And, they said, man wouldn't you just love to know who pulled the trigger that night? And she's like, 'What are you talking about?'"

Richards and Echols were best friends. They refereed one of the youth sports teams in Marion County together. NCRJ guards referenced the connection to Roberts.

"Wouldn't you just love to know who pulled the trigger," Richards said, recalling what the guards told his wife. "She said, 'are you referring to Duddy?' They said, 'what would you do if we told you the person that killed him was sitting in this room right now?'"

Duddy was a nickname used by Echols' family and closest friends. At that point, Roberts demanded to know who shot Echols. A gray haired guard known to Roberts as Boston stood up.

"'Now we're talking about a guard, we're talking about a correctional officer," Richards said. "He stands up and stretches his arms and pokes his chest out and says, 'dumb idiot shouldn't have brought a fist to a gunfight.'"

Roberts corroborated her husband's retelling. She said that after arriving at the jail, she believed correctional officers immediately targeted both her and Richards.

"Literally as soon as I walked in there, they asked if I was a mom, and then said Happy Mother's Day like 30 times," Roberts said. "They even held up a sign saying Happy Mother's Day. After that, they asked about Duddy, which is Charles Echols III. Then they tried to slander his name. The man is dead. He's dead. You took somebody's life and you're still gonna slander their name?"

Richards was shown a photo of Correctional Officer Costello's LinkedIn Profile. He identified Costello as the guard known as Boston.

Richards and Roberts ended up at NCRJ after being arrested for domestic battery. According to the police report, a Marion County Sheriff's Deputy found Roberts with a black eye after answering a call. The report states the deputy also observed bruising on Richards on his right shoulder, red marks on his neck and swelling on his right cheek. Both individuals told the trooper they had physically assaulted one another after an argument, the report said.

However, both Richards and Roberts dispute the report, calling most of what's written a lie. While Roberts concedes the argument happened, she explained her and her husband's injuries were the result of an accident that came from tripping on an ottoman and face planting into furniture. Roberts even alleged the deputy told his people the wounds were self inflicted. Roberts also accused the deputy of being unnecessarily harsh with Richards, and aggravating injuries Richards received while serving in the military. Richards is a disabled veteran. The couple is fighting the charges in court.

The West Virginia Division of Corrections and Rehabilitation did not return a request for comment. They also declined to make video or audio records from the guard station on the night in question public after the Times West Virginian filed a Freedom of Information Act request.

"No records in the custody of the Office of the Commissioner have been identified as responsive to your request," their response reads. "For your information, records related to video footage, if they exist, are exempt from disclosure pursuant to the provisions of W. Va. Code."

The response was sent after more than the mandatory 5-day response period had elapsed and required a follow-up email to the Division of Corrections for a status update on the request.

Correctional Officer Costello has his own history of being accused of civil rights violations.

Costello was one of the defendants named in Francisco v. Tibbs, and Owens v. Tibbs. Both lawsuits state on May 4, Costello blasted Francisco and Owens with pepper spray while they were in their cell. Costello than handcuffed Francisco through the bean hole, leaving a scar on Francisco's wrist. However, both complaints were dismissed by the court after the defendants filed a motion to dismiss since Francisco and Owens hadn't followed the proper administrative procedure to address the grievance. The U.S. Prison Litigation Reform Act of 1996 states prisoners must exhaust all administrative remedies before filing suit in federal court about prison conditions.

Both Echols' daughter, Precious, and Richards also spotted something that upset them recently. In March, Costello uploaded a photo of himself with Chacon, a nurse at NCRJ. In the comments, an individual called the photo a "killer photo." Richards and Precious Echols both suspect this is a reference to Costello's role in the death of Charles Echols III. There were three laugh reacts. One belonged to a Kyle Reed, who identifies himself as a sergeant at NCRJ. The other belonged to Costello.

Much of what Richards believes happened the night Costello shot Echols comes from the ambulance notes from the vehicle which responded to the call. Richards said the notes completely contradict the narrative Costello gave investigators.

"They need to pull that audio," Roberts said, referring to any audio recordings from the night of their arrest. "They need to pull the audio because that proves right there it wasn't self defense. These guards are supposed to be trained with a weapon. They go through classes. They have their courses. They know what they're doing. And I know what the cab notes say, but the guards are saying something else. So stuff isn't adding up."

Reach Esteban at efernandez@timeswv.com