More charges filed against former prosecutor

ELKINS — Additional charges have been filed against a former Randolph County prosecuting attorney after he allegedly failed to comply with requirements of a protective order filed against him.

Richard Talbott Busch, 48, of Elkins, is charged with two misdemeanor counts of violation of a domestic violence order. He is incarcerated at Tygart Valley Regional Jail on a $6,000 cash-only bond, set by Randolph County Chief Magistrate Ben Shepler.

Earlier this week, Busch was arrested on one misdemeanor count of domestic battery and one misdemeanor count of domestic assault, stemming from an alleged incident that took place on Nov. 9. These charges are still pending in Randolph County Magistrate Court.

Busch served as the county prosecutor from January 2009 to December 2011. He resigned from the position on Dec. 5, 2011, with more than a year remaining on his first term.

According to the first of two criminal complaints filed in Randolph County Magistrate Court, at approximately 4 p.m. on Nov. 10, Randolph County Sheriff’s Deputy A.B. Beverly learned that an “emergency protective order,” requested by the alleged victim, had been served to Busch roughly three hours prior, at 1 p.m.

Approximately 90 minutes later — at 5:30 p.m. — the alleged victim went to the RCSO and advised officers that Busch had made several phone calls to her and left multiple voicemail messages, the complaint states.

She provided a written statement alleging she received seven phone calls from Busch after she had obtained the protective order and said the voicemail messages were “verbally abusive in nature,” according to the complaint.

The alleged victim provided officers with recordings of five messages left by Busch. The messages had been received between 1:50 p.m. 2:17 p.m. on Nov. 10, the complaint states.

Throughout the messages, Busch can be heard referencing the protective order “repeatedly” and saying the protective order “makes him want to be aggressive with (the alleged victim),” according to the police report.

In the voicemails, Busch also allegedly called the alleged victim derogatory names while swearing at her, the complaint states.

According to a second criminal complaint filed in Randolph County Magistrate Court, at approximately 8:03 a.m. on Wednesday, RCSO Senior Deputy M.P. Dyer responded to a reported violation of a temporary domestic violence protective order at a Beverly Five-lane apartment.

Once on scene, the alleged victim told Dyer that minutes before she was preparing to leave her apartment when she noticed Busch sitting in his vehicle in the parking lot of the apartment complex. Busch was no longer on scene when Dyer arrived, police said.

One of the conditions of the protective order is that Busch is not to be within 1,000 feet of the alleged victims residence, the complaint states.

The original misdemeanor counts of domestic assault and domestic battery stem from allegations that Busch became physically abusive with a female individual, later identified as the alleged victim. The alleged altercation is also what led to the alleged victim obtaining the domestic violence protective order against Busch.

According to a criminal complaint filed in Randolph County Magistrate Court earlier this week, on Nov. 9, Beverly, Sgt. B.A. Talkington, Cpl. D.D. Pennington and Deputy E.B. Carr, all of the RCSO, were dispatched to an apartment along the Beverly Five-lane regarding a domestic altercation.

Upon arrival, officers spoke with the resident of the apartment, identified as the alleged victim. She said prior to her calling 911, Busch had “shoved her into a vase,” resulting in a scrape on her shin and a swollen wrist, according to the police report.

Busch then exited the home to speak with officers. Both Busch and the alleged victim admitted to drinking and “being intoxicated,” the complaint states. Busch denied that there had been any physical altercation and said the argument was only verbal.

The alleged victim agreed to spend the remainder of the night at her next door neighbor’s residence and officers “suggested” that both parties refrain from having any further contact with one another for the remainder of the night, according to the complaint.

The alleged victim was advised to contact the RCSO the following day to provide a written statement and was further informed she had the option to pursue a protective order, according to the report.

At approximately 10:52 a.m. the following day, Lt. R.K. Swisher, also of the RCSO, obtained a written statement from the alleged victim.

In addition to the alleged events from the previous night, the statement also describes a second event that took place earlier on Nov. 10, in which the alleged victim said Busch “slammed his hand on her car windshield” and “attempted to throw a rock at her car” while there was a child in the backseat, the complaint states.

The alleged victim obtained a protective order on Nov. 10, which was served on Busch at approximately 1 p.m., the same day, by officers with the RCSO, police said.