Two area cases moving on to Randolph County grand jury
ELKINS — Two area residents — one of whom reportedly told police she was an employee of Randolph County Schools — who were arrested when police allegedly found drugs and a firearm in their vehicle, will have their cases bound over to Randolph County Circuit Court.
Probable cause was ruled to have been met for the arrest of Gina Carol McCauley, 37, of Beverly, who is charged with one felony count of possession with intent to deliver a controlled substance. She remains incarcerated at Tygart Valley Regional Jail on a $50,000 cash-only bond, set by Randolph County Magistrate Ben Shepler.
The probable cause finding means her case will be bound over to the Randolph County Circuit Court for presentation to a grand jury and possible indictment.
Matthew Logan Lipscomb, 29, of Davis, waived his preliminary hearing, meaning his case will also be bound over for possible indictment. He is charged with one felony count of conspiracy. He remains incarcerated at Tygart Valley Regional Jail on a $25,000 cash-only bond, also set by Shepler.
Randolph County Assistant Prosecuting Attorney Leckta Poling prosecuted both cases while McCauley appeared with David Fuellhart as defense counsel and Lipscomb appeared with Timothy Prentice as defense counsel. Randolph County Magistrate Rob Elbon presided over both cases.
According to a criminal complaint filed in Randolph County Magistrate Court, at approximately 1:42 a.m. on Nov. 8, Elkins Police Department Senior Patrolmen D.T. Sayre and C.G. Boatwright were patrolling Harrison Avenue in Elkins.
Officers noticed a white Hyundai Santa Fe that had an inspection sticker that did not appear to be from West Virginia but was bearing West Virginia registration. Police followed the vehicle along Harrison Avenue before the driver made a “sudden right turn” onto Robert E. Lee Avenue, left onto Wilson Street, right onto Industrial Park Road and left onto 11th Street. Throughout the time police followed the vehicle, the driver continued to accelerate and decelerate between 10 and 20 mph, police said.
Sayre and Boatwright initiated a traffic stop on the vehicle and told the female driver, identified as McCauley, she was stopped for suspicion of DUI, due to low speeds and rapid acceleration and deceleration, as well as the lack of a West Virginia Inspection sticker, according to court documents.
Officers asked McCauley and the passenger, identified as Lipscomb, if there was anything in the vehicle they should be made aware of and both said no. McCauley then said “I’m a nurse on the board of education …,” the criminal complaint states.
McCauley opened her purse to get her drivers license and Sayre observed a small green baggy with three pills and a cut yellow straw inside the purse, police said.
Sayre asked McCauley again if there was anything in the vehicle that he should be made aware of and she replied that she “knew there was some pills in the vehicle.” Both McCauley and Lipscomb were removed from the vehicle. At that time, McCauley told police there was a firearm in a bag in the passenger side floorboard, according to court documents.
Sayre recovered the three pills in McCauley’s purse that were inscribed “DAN 5619” on one side and “5” on the opposite side, as well as the yellow straw that had a powdery residue, police said.
At that time, Sayre also found and retrieved a second baggy containing a single pill. He also recovered the firearm, a black Smith and Wesson M&P Bodyguard .380-caliber, along with scales with a crystal-like residue on them, small empty baggies, two glass pipes with a white residue, two small baggies containing a crystal-like substance consistent with methamphetamine, a small clear container with a crystal-like residue, and a yellow, green and red rubber container which also had a crystal-like residue inside, court documents indicate.
Boatwright located multiple large baggies, a set of red scales with a crystal-like substance on them, a box of Remington .380-caliber bullets, and two silver weights, police said. In the passenger side door, officers located a pack of L&M cigarettes, which Lipscomb had previously said he smoked. Inside the cigarette package, officers found a corner bag with a blue powder inside.
A search of Lipscomb revealed a glass pipe with white residue in his sock. Additionally, officers took the cell phones of both individuals as evidence, according to the complaint.
Five days after the arrest, during a Nov. 15 Randolph County Board of Education meeting, board members voted unanimously to accept the resignation of McCauley.