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ELKINS -- A Randolph County Magistrate ruled probable cause had been met for the arrest of a Pendleton County man who allegedly stored more than two dozen explosives at an area residence.
Jacob Metong Thompson, 37, of Riverton, is charged with 30 felony counts of illegal possession of destructive devices, explosive materials or incendiary devices. He remains housed at Tygart Valley Regional Jail on a $500,000 cash-only bond set by Pendleton County Magistrate Andrew M. Hinkle.
The state called the sole witness who provided testimony Thursday -- the investigating officer, Trooper First Class C.S. Johnston of the West Virginia State Police.
Johnston testified he was dispatched to the home of Thompson's sister regarding a domestic disturbance. Once there, Thompson's sister told Johnston that items were found on her property that were believed to be explosives.
"It was mentioned that they (Thompson's sister and a friend of her's who was on scene) believed that she had previously had some devices that were consistent in appearance with improvised explosive devices at her residence," Johnston testified. "They also indicated they believed that Mr. Thompson was responsible for bringing those items to the residence."
Johnston went on to testify that the friend had taken the alleged explosives to his residence nearby because juveniles rode ATV's near the area where they were initially found.
Johnston said Senior Trooper D.E. Bailey, of the WVSP, later went to the residence of Thompson's mother, where it was believed Thompson had gone and talked to Thompson, who made an admission about the devices.
"Mr. Thompson did advise he was aware of those items being in or on his vehicle that he was operating while traveling back to the state of West Virginia from Wisconsin ...," Johnston said. "He admitted to being aware they were in his vehicle and to putting them in his sister's garage."
During cross-examination by Thompson's defense counsel, Timothy Prentice, he noted the devices were found in the neighbor's garage and never seen in Thompson's possession.
"So, you never actually saw these in the possession of Mr. Thompson?" Prentice asked.
"That's correct, sir," Johnston said.
Prentice later inquired if Johnston has any reason to believe that Thompson had any malicious intent with the devices.
"Your investigation didn't reveal any indication that these were going to be used for any nefarious purpose or to harm anyone, is that true?" Prentice asked.
"That's correct, yes," Johnston said.
During closing arguments, Randolph County Assistant Prosecuting Attorney Lori Haynes asked that a probable cause ruling be made.
"The officer's testimony is that he basically had eyewitnesses who reported to him that the defendant brought these explosive devices to their house, the defendant made an admission to another trooper that he was in possession of those in his vehicle and then brought them, subsequently, to his sister's house," Haynes said.
"You heard testimony that the devices were consistent with a pipe bomb; therefore, I believe, the state has met its burden of proof, and I ask that probable cause be found in this matter and it be bound over to circuit court," she continued.
Prentice asked that probable cause not be met, saying there was no evidence of malice and the devices had never been seen in Thompson's possession.
"The testimony of Trooper Johnston was that, one, these weren't found in the possession of Mr. Thompson. Trooper Johnston never saw them in the possession of Mr. Thompson. There was an angry relative that says Mr. Thompson brought them to her yard, where they stayed one or more days, at least," Prentice said.
Randolph County Chief Magistrate Rob Elbon ruled probable cause had been met and bound the case over to the Randolph County Circuit Court for presentation to a grand jury.
Additionally, Prentice asked for Thompson's bond to be modified, which was denied by Elbon.
According to a criminal complaint filed in Randolph County Magistrate Court, at approximately 9:45 a.m. Oct. 1, Trooper First Class C.S. Johnston, of the West Virginia State Police, responded to a Randolph County 911 Communications call to back up members of the Randolph County Sheriff's Office at a domestic dispute on Whippoorwill Drive near Elkins.
While en route to the scene, Johnston had an interaction with a male individual, later identified as Thompson.
Thompson told Johnston he stayed with his sister for a while and "complained about his belongings," which were located on her property near the garage, according to the complaint.
On the same day, Johnston spoke with Thompson's sister and her friend. They told Johnston numerous items they believed to be explosives were discovered in a grassy area near the garage, the complaint states.
Thompson's sister said the items were not on her property prior to her brother arriving at the residence. She added Thompson was the only person who had been near the garage outside of her presence. The friend said he had secured the items at his residence on Berry Patch Lane, near Elkins, due to children playing in the area of the garage, according to the complaint.
At approximately 10 a.m. that day, Johnston spoke with First Sgt. K.L. Keplinger, of the WVSP Explosives Team, who responded to the Berry Patch Lane residence to investigate the items, the complaint states. Roughly 90 minutes later Keplinger arrived at the residence and spoke with the friend of Thompson's sister. He gave Keplinger and other officers on the scene consent to retrieve the items from his garage.
Johnston noted in his report Keplinger said the items were "consistent in appearance with an improvised PVC pipe bomb style or explosive device." There were 30 items found, according to the complaint.
At approximately 5:23 p.m. the same day, Senior Trooper D.E. Bailey, also of the WVSP, located Thompson at his mother's residence in Riverton. Bailey read Thompson his Miranda rights and interviewed him. Thompson said the materials that were discovered belonged to him, and he found them at a truck stop located outside of the state while he was traveling from Wisconsin to West Virginia, police said.
He further told Bailey he had brought the explosive devices into the state between Aug. 28 and Aug. 31. At that time, Thompson was taken into custody, according to the complaint.
If convicted, Thompson could be sentenced to not less than one nor more than 10 years in the state penitentiary, fined not more than $5,000, or both, on each of the 30 felony counts.
Also in Randolph County Magistrate Court Thursday:
• Bond for Lisa Dawn Andrews, 31, of Elkins, was set at $30,000 cash, surety or property.
Andrews has been charged with one felony count of kidnapping.
If bond is made she will be required to check-in daily with the North Central Community Corrections program and have no direct or indirect contact with any of the three juvenile alleged victims.
Additionally, Andrews waived her preliminary hearing, meaning the case will be bound over to the Randolph County Circuit Court for presentation to a grand jury.
Haynes represented the state while Andrews appeared with Brian Bailey and James Hawkins as defense counsel. Elbon presided.
• A preliminary hearing for Galen Lee Biggs, 44, of Buckeye, was continued.
Biggs is charged with one felony count of forgery.
Haynes represented the state while Biggs appeared with Hawkins as defense counsel. Elbon presided.