Randolph man sentenced to jail

ELKINS — A local man convicted of stealing items from an area garage was sentenced after entering into a plea agreement in Randolph County Magistrate Court.

Victor Leon Taylor III, 26, was sentenced to 30 days in jail on one misdemeanor count of fleeing on foot. He was sentenced to an additional 30 days for one misdemeanor count of receiving/transferring stolen property. The second 30 day sentence was suspended and he was given credit for time served.

Taylor must also pay a $50 fine on each charge, pay restitution to the victim in the amount of $50 and pay court costs of $160.25 per charge.

Taylor pleaded guilty to one misdemeanor count of fleeing on foot and one misdemeanor count of receiving/transferring stolen property, as part of a plea agreement. The prosecution dismissed the original charge of one felony count of entry of a building other than a dwelling.

Randolph County Assistant Prosecuting Attorney Leckta Poling represented the state while Taylor appeared with David Fuellhart as defense counsel. Randolph County Chief Magistrate Ben Shepler presided.

According to a criminal complaint filed in Randolph County Magistrate Court, at approximately 1:26 a.m. on Aug. 13, Senior Patrolman T.C. Bennett and Patrolman C.G. Boatwright, both of the Elkins Police Department, were advised of a male individual “passed out” on the sidewalk behind Elkins City Hall.

Officers observed the man and were unable to wake him with verbal commands or “light touches.” After finally waking the man, he was “extremely impaired” and could barely stand or speak, according to the complaint. At that time, he was identified as Taylor.

Taylor had multiple items laying around him which he said were his and put in his pant pockets. The items included a small note pad with phone numbers and an unopened envelope that appeared to hold a card addressed to a female individual, the complaint states.

Taylor was transported to Davis Medical Center to be evaluated, according to court documents. Later, at the hospital, officers spoke with Taylor, who said the items were not his.

At approximately 6:58 a.m. the same day, Senior Patrolman B.D. Tice and Patrolman A.M. Wyshyvanuk, both of the EPD, were reportedly advised by Randolph County E-911 of a female stating her garage was broken into the previous night and stuff was “all over.”

The female calling identified herself as the same woman whose name was on the envelope found on Taylor, according to the complaint. She added one item she was missing was a card that she was going to send to her sister.

On Aug. 15, Boatwright spoke with Taylor, who said he would come to the Elkins Police Department the following day to speak with officers. On Aug. 20, Tice and Boatwright were patrolling Davis Avenue and located Taylor in front of the Tygart Hotel, police said. When officers pulled over to speak with him, he ran inside and was unable to be located.

On Aug. 23, they again saw Taylor outside the Tygart Hotel and he again ran inside and was unable to be located. At that time, warrants were obtained for Taylor’s arrest, the complaint states. He was apprehended Sept. 9.

Also in Randolph County Magistrate Court:

• Michael Cornell Haderman, 52, of Elkins, was sentenced to 90 days in jail. That sentence was suspended for six months of unsupervised probation. He was also given credit for 33 days he has served in jail.

Haderman pleaded guilty to one misdemeanor count of petit larceny, as part of a plea agreement. The prosecution dismissed the original charge of one felony count of breaking and entering.

Poling represented the state while Haderman appeared with Greg Tingler as defense counsel. Shepler presided.

• Chad Edward Biggs, 34, of Belington, waived his preliminary hearing.

Biggs is charged with two felony counts of fraud/related activity in connection with access device, one felony count of forgery and two felony counts of uttering.

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

Poling represented the state while Biggs appeared with Brian Bailey as defense counsel. Shepler presided.

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