Endangerment case bound to grand jury

ELKINS – The case of an Elkins man charged in a bar incident involving a gun was bound over to the grand jury Friday.

Timothy Marshall, 26, along with his defense attorney, Jeremy Cooper, appeared before Randolph County Magistrate Rob Elbon in the hearing.

The Aug. 25 incident involved a dispute between Marshall and a female inside Lexy’s Bar in Elkins, resulting in Marshall reportedly pulling a gun on one of the employees of the establishment, according to the criminal complaint.

Marshall was charged with wanton endangerment involving a firearm.

Assistant Prosecuting Attorney Lori Gray called James Shockey, one of the bar employees working the night of the incident, as a witness. Shockey said he was told by a woman, who reportedly accompanied Marshall in the bar, to make Marshall leave. Shockey told the court that he did so, and after he escorted Marshall out of the establishment, Marshall “pulled a gun on” him and “cocked it.”

“I ran back inside and told people that he had the gun and to call the cops,” Shockey said in court. “That’s when a crowd – I’d say 10 people or so – ran out the door.”

Gray asked Shockey if he knew whether or not the gun was loaded and Shockey said it was “pointed straight at” him and he “assumed” it was loaded but “didn’t know for sure.”

Gray called Cpl. Brandon Tice, the officer who responded to the scene on the night of the incident, to testify.

Tice said that when he arrived, people were telling him about the dispute and how someone had pulled a gun on an individual.

“(On the scene) I saw a man with a black shirt coming toward me with a weapon,” Tice said. “That’s when I drew my service weapon and told him to put his gun on the ground and he did.”

The man, according to the police report, was Shockey, who had allegedly obtained the weapon after it was taken from Marshall,

Marshall was located in a Ford pickup truck in the parking lot nearby, where he gave a statement and was eventually transported to the Elkins Police Department, according to the complaint.

The criminal complaint states that Marshall claimed that when he was in the bar he “had the pistol in a holster on the front of his pants visible to the public,” and told the officer that he and his girlfriend had an argument in the bar, which resulted in him being asked to leave by Shockey. The girlfriend was not present when Tice tried to locate her, police said.

Tice said Friday that at the time Marshall was in custody he did not have the holster on him and no one corroborated seeing the holster on the scene.

The gun in question was identified as a black .40 caliber Glock 23. Two magazines were found on the premises: one that was loaded and was reported to have been inserted in the pistol, and another that was empty that was found inside the bar and given to Tice while still on the scene, according to the complaint.

“What circumstance would motivate someone to run out to handle a situation if they had heard there was a man wielding a gun?” Cooper asked Tice in Court.

Tice responded by saying that anyone from retired law enforcement or military servicemen to concerned citizens with self-defense training could be motivated to attempt to handle the situation.

In her closing statements, Gray told the court that the combined testimony of Tice and Shockey, as well as the criminal complaint, provided evidence that Marshall had been escorted out of the bar by Shockey and then turned the gun on him. Gray said that by brandishing a weapon in a public setting Marshall was creating “a risk of bodily injury” and “a risk of death.”

Cooper, however, called the circumstances of the incident into question.

“We have a highly improbable scenario where people are rushing out to meet the incident in some sort of heroic fashion,” said Cooper.

Elbon found that there was probable cause and bound the case over to the grand jury in Randolph County Circuit Court.

Marshall remains out on bond.

Also in Randolph County Magistrate Court on Friday:

  • Wesley Adkinson, 28, who was facing charges of fleeing in a vehicle, a felony, pleaded guilty to one count of fleeing in a vehicle, a misdemeanor.

Adkinson was traveling at “a high rate of speed” and “left of center” near Mill Creek, and when police attempted to pull him over, they could not do so because of how fast he was driving, according to the criminal complaint.

Officers lost “visual contact” with Adkinson, whose vehicle was subsequently discovered “in the ditch into an embankment” on the left hand side of the road, the complaint states.

Witnesses on the scene informed officers that Adkinson had fled into the woods on foot, according to the complaint.

Adkinson is out on bond and awaiting sentencing.

Contact Chad Clem by email at cclem@theintermountain.com.