WVC 15 - 1 F- 3
§15-1F-3. Change of venue of prosecutions or suits against
members of national guard.
Any civil or military officer or member of the national
guard, or any person lawfully aiding them in the performance of
any duty required under the provisions of this article, who is
indicted or sued for any injury to person or property in
endeavoring to perform such duty, shall have the right, and it is
hereby made the duty of the court in which such indictment or
suit is pending, upon the application of any person so indicted
or sued, to remove the trial of the indictment or suit to some
county free from exception.