Endangerment case going to grand jury

ELKINS – The matter of an Elkins man accused of DUI with child endangerment will be sent to the grand jury after he waived his right to a preliminary hearing in Randolph County Magistrate Court Wednesday.

Jeremy Lynn Huffman, 32, was arrested on one count of third offense driving under the influence, a felony, as well as one count of failure to use headlights after dark, one count of expired MVI, one count of driving revoked DUI and one count of DUI with child endangerment, all misdemeanors.

Chief Magistrate Ben Shepler modified Huffman’s bond from $25,000 cash only to $25,000 cash or surety Wednesday.

According to the criminal complaint, Trooper J. B. Tindal of the Elkins detachment of the West Virginia State Police saw a red Dodge Caravan driving on U.S. 219 without its headlights at about 7:47 p.m. Saturday.

After initiating a traffic stop, Tindal wrote in the criminal complaint that the Caravan’s motor vehicle inspection sticker was expired as of Aug. 8, 2012. Tindal wrote that he asked Huffman if he had been drinking, which Huffman denied but said that he had spilled some alcohol in the vehicle.

Tindal discovered Huffman’s license was revoked on Oct. 10, 2012 and that he had two prior DUI convictions, dating as far back as October 2006, the complaint states.

Tindal noticed Huffman exit his vehicle and grab his chest, “stating that he thought he was going to have a heart attack,” the complaint states. Tindal contacted EMS to respond. When Tindal went to tend to Huffman, he observed “empty Milwaukee’s Best Ice cans in the floor of the vehicle, as well as a paper bag containing an opened bottle of Kentucky Gentleman whiskey,” the complaint reads. Tindal also wrote that he “observed a juvenile two years of age” in the vehicle.

According to the criminal complaint, Huffman’s blood alcohol percentage was measured at .166, more than twice the legal limit of .08.

Also in Magistrate Court Wednesday:

Timothy Lee Arbogast, 39, of Crystal Springs, who was arrested last week on one count of third offense shoplifting, a felony, pleaded guilty to shoplifting second offense, a misdemeanor, according to Assistant Prosecuting Attorney Lori Haynes. Arbogast was sentenced to six months in Randolph County Jail, which was suspended, and he was given one year of unsupervised probation.

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