Volga man charged with brandishing
BUCKHANNON — An Upshur County man is behind bars after a road rage incident allegedly led to him pulling a weapon on another man.
Robert Alan Lemons, 41, of Volga, is charged with one felony count of attempted malicious assault, one misdemeanor count of brandishing a deadly weapon and one misdemeanor count of battery. Lemons is incarcerated at Tygart Valley Regional Jail on a $40,000 cash or surety bond for the attempted malicious assault and battery charges, and a $10,000 cash-only bond for the brandishing a deadly weapon charge.
According to a criminal complaint filed in Upshur County Magistrate Court, Deputy Tyler Chidester, of the Upshur County Sheriff’s Office, received a call Friday through Upshur County 911 regarding a brandishing complaint on Fishing Camp Road.
The complaint indicates a “road rage” incident took place between the alleged victim and Lemons.
According to statements from the alleged victim as well as a witness, Lemons “presented” a knife and swung it at the alleged victim.
The alleged victim was able to remove the knife from Lemons and “did strike him one time.” Lemons then went to the vehicle and retrieved a ratchet with a socket on the end of it, police said.
He allegedly swung the ratchet at the alleged victim who was able to block the hit; however, he was struck in the palm of the hand, according to the complaint.
If convicted on the attempted malicious assault charge, Lemons could be sentenced to not less than one nor more than three years in the state penitentiary. Or, at the discretion of the court, he could be sentenced to not less then six months nor more than one year in jail and fined not more than $500.
If convicted on the brandishing of a deadly weapon charge, Lemons could be sentenced to not less than 90 days nor more than one year in jail, fined not less than $50 nor more than $1,000, or both. If convicted on the battery charge, Lemons could be sentenced to not more than one year in jail, fined nor more than $500, or both.