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Randolph felony case to be heard by grand jury

ELKINS — An Upshur County man who is facing a felony charge after he was transported to an area jail and was allegedly found in possession of controlled substances waived his preliminary hearing Tuesday.

Terry Lee Duke, 30, of Buckhannon, is charged with one felony count of transporting a controlled substance onto the grounds of jail. He remains incarcerated at Tygart Valley Regional Jail on a $100,000 cash or surety bond, set by Randolph County Magistrate Rob Elbon.

Duke’s waiver means his case will be bound over to the Randolph County Circuit Court for presentation to a grand jury.

Randolph County Assistant Prosecuting Attorney Leckta Poling represented the state while Duke appeared with Greg Tingler as defense counsel. Elbon presided.

According to a criminal complaint filed in Randolph County Magistrate Court, at approximately 11:58 p.m. on March 16, Cpl. D.R. Wolford, of the West Virginia State Police, was contacted by Cpl. B.K. Wright of the Buckhannon detachment of the WVSP. He told Wolford he arrested Duke for a parole violation.

After Wright transported Duke to TVRJ, located within Randolph County, he was searched by correctional officer Garrett Skidmore, as is common procedure when accepting new inmates, police said.

Skidmore located one clear plastic baggy containing a green vegetative substance consistent with marijuana and one clear plastic baggy of an off-white crystalline substance consistent with methamphetamine in Duke’s “wrist brace,” the complaint states.

Skidmore also located 14 clear plastic baggies containing a substance believed to be methamphetamine in Duke’s jacket pocket, police said.

On March 17, Wolford met with Wright and took the controlled substances into custody as evidence. Roughly an hour later, Wolford performed “presumptive tests” on the substances, which tested positive for marijuana and methamphetamine, respectively, according to court documents.

If convicted, Duke could be sentenced to not less than two years nor more than 10 years in the state penitentiary, fined not less than $1,000 nor more than $5,000, or both. Or, at the discretion of the court, sentenced to not more than one year in jail and fined not more than $500.

Also in Randolph County Magistrate Court Tuesday:

• A preliminary hearing for Chrystal L. Cutright, 30, of Elkins, was continued.

Cutright is charged with one felony count of third-offense shoplifting. She is free on a $10,000 cash or surety bond.

Poling represented the state while Cutright appeared with Melissa Roman as defense counsel. Elbon presided.

• A preliminary hearing for Nicholas Craig Klavuhn, 28, of Clarksburg, was continued.

Klavuhn is charged with one felony count of worthless check. He is free on a $956 cash-only bond.

Poling represented the state while Klavuhn appeared without defense counsel. Elbon presided.

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