Jail guard accused of having sex with inmate

The case of a former Tygart Valley Regional Jail correctional officer accused of forcing a female inmate to engage in sexual acts has been bound over to Randolph County Circuit Court.

Buddy Lee Leary, 41, of Elkins, waived his right to a preliminary hearing Thursday in Randolph County Magistrate Court. Leary was arrested on charges of the imposition of sexual acts on persons incarcerated or under supervision, a felony, on Feb. 22. He is currently free on a $75,000 personal recognizance bond.

According to the criminal complaint in the Randolph County Magistrate Clerk’s office, Trooper C.E. Elliot with the Elkins detachment of the West Virginia State Police was dispatched to the Tygart Valley Regional Jail on Feb. 8 in reference to an inmate who claimed she had “made sexual contact” with Leary on Dec. 4, 2012.

During a recorded interview, the victim told Elliott that Leary asked her to disrobe, a request with which she complied. The victim also stated that Leary allegedly entered her cell and began to touch her genitalia before instructing her to perform a lewd sexual act on him. After “several minutes” of this, Leary abruptly exited the victim’s cell, she told the officer.

Elliott asked the victim why she waited two months – December 2012 and January 2013 -before reporting the incident, and she replied that she was fearful of the repercussions of taking action.

On Feb. 9, Elliott interviewed Leary at the WVSP headquarters in Elkins, where he reportedly “denied all allegations made against him,” the complaint states.

However, on Feb. 21, Elliott again interviewed Leary, at which time he allegedly admitted to having engaged in a lewd sexual act with the victim.

“During the interview, the accused (Leary) can be heard confessing to having sexual relations with the victim,” Elliott wrote in the report.

The penalty for a conviction of imposition of sexual acts on persons incarcerated or under supervision is imprisonment in the state penitentiary for one to five years or a fine of up to $5,000.

Contact Katie Kuba by email at kkuba@theintermountain.com.