Man arrested for aggravated burglary

An Elkins man who allegedly stole another man’s wallet and then kicked him in the head remained in jail Friday on a $25,000 cash-only bond.

Robert W. Maxwell, 21, of Route 2 Box 200, was arrested Thursday and charged with aggravated burglary, also known as first-degree robbery, a felony, after he and two other men allegedly attacked the victim, David Leary, and stole his wallet early Tuesday morning.

According to the criminal complaint in the Randolph County Magistrate Clerk’s office, at 12:25 a.m. Tuesday, the Randolph County E-911 center advised investigating officer Sgt. S.R. Judy with the Elkins Police Department that a robbery had occurred near 220 Second St. Judy subsequently met Leary at City Hall to obtain a statement from Leary.

Leary told the officer he had been walking on Second Street in front of Central Towers when he was beaten up by Maxwell, whom he knew, and “two unidentified black male subjects,” the complaint states.

Leary said one of the black men was dressed in a long coat and blue jeans, while the other had gold teeth and was somewhere between 20 and 24 years old. The victim told Judy he thought the three men were simply coming over to talk with him; instead, one of the black men struck him in the right eye and Maxwell allegedly kicked him in the head, according to the report.

Leary said the impact of the blows knocked him to the ground, at which point the three men kicked him in the ribs several times. Maxwell and the two men then took his wallet, which contained $216, and ran into Central Towers, the complaint states.

“The victim stated he was very disoriented and confused as a result of the attack,” Judy wrote. “The victim stated he walked towards his residence and was near Runners Funeral home before he realized he had been robbed.”

Judy noted Leary had swelling around the area of his right eye, a large knot on the back of his head and “was also in obvious pain coming from his torso.”

Magistrate George M. Riggleman set bond at $25,000 cash only. As of presstime, Maxwell remained in the Tygart Valley Regional Jail.

The penalty for a conviction of aggravated robbery is imprisonment in the state penitentiary for at least 10 years.

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