Elkins man pleads guilty to larceny
ELKINS — An Elkins man accused of breaking into a residence and stealing clothes was sentenced after entering into a plea agreement Tuesday in Randolph County Magistrate Court.
Cody Mitchell Cooper, 24, was sentenced to one year in jail, suspended for two years of unsupervised probation.
Additionally, he must make restitution in the amount of $200 as well as continue to undergo mental health treatment and medication management.
Cooper pleaded guilty to one misdemeanor count of petit larceny. The prosecution dismissed the original charge of one felony count of daytime burglary.
Randolph County Assistant Prosecuting Attorney Leckta Poling represented the state while Cooper appeared with Melissa Roman as defense counsel. Randolph County Magistrate Ben Shepler presided.
According to a criminal complaint filed in Randolph County Magistrate Court, shortly after 9 p.m. on July 22, Deputy S.D. Kyle, of the Randolph County Sheriff’s Office, was dispatched to Chenoweth Creek Road, near Elkins, for a burglary complaint.
Upon arrival, Kyle spoke with the homeowner, who reportedly told him someone had broken into his residence between 10 a.m. and 6:15 p.m. the same day while he was away.
The homeowner allegedly told police the individual stole belongings from the bedroom of a woman who also resides at the home.
Kyle observed damage to the front door that looked like someone had pried open the lock, according to the complaint. The homeowner told police he was “unsure” if the pry marks were already there but claimed he didn’t believe they had been.
Kyle then spoke with the woman, who reportedly said several bags of her clothing were missing, and she believed Cooper had stolen them, police said.
Later that evening, the female witness provided Kyle with an audio recording of a conversation she previously had with Cooper. In the recording, Cooper reportedly made the comment, “If you would have talked to me on the phone, nothing would have happened. Now a bunch of your clothes is (sic) gone.”
Both the female and the homeowner told Kyle that Cooper was not given permission to be in the residence, the complaint stated.
Kyle later spoke with a neighbor who said, at approximately 6 p.m., he had seen a man loading bags into a car. The description of the man and car provided by the neighbor matched that of Cooper and his vehicle, the complaint states.
Also in Randolph County Magistrate Court:
• Bond was modified for Daniel Craig Watson, 35, of Elkins, from $25,000 cash or surety to $15,000 cash or surety and $10,000 personal recognizance.
Watson is charged with one felony count of entry of a building other than a dwelling and one felony count of grand larceny.
Additionally, he waived his preliminary hearing, meaning the case will be bound over to the Randolph County Circuit Court for presentation to a grand jury.
Poling represented the state while Watson appeared with Roman as defense counsel. Shepler presided.
• A preliminary hearing for Ronald Keith Arbogast, 40, of Mill Creek, was continued.
Arbogast is charged with one felony count of child abuse causing injury.
Poling represented the state while Arbogast appeared with Roman as defense counsel. Shepler presided.