BUCKHANNON — An Upshur County man has been charged with three felonies in an alleged arson that also resulted in an injury to a Buckhannon firefighter.

Daniel Scott Grogg, 25, of Buckhannon, was arrested for first-degree arson; willfully, unlawfully and maliciously setting a fire and causing injuries during an arson-related crime, all felonies.

According to Assistant State Fire Marshal Ronald “Mackey” Ayersman’s criminal complaint in the Upshur County Magistrate Clerk’s office, a fire occurred at 805 Spruce Fork Rd. on Aug. 30 at approximately 5:33 p.m. The investigation revealed that the fire was an arson. The home’s owner, Katie Grogg, advised she had received a call from her soon-to-be ex-husband, Daniel Grogg, telling her that the house was on fire, according to the criminal complaint.

Upshur County sheriff’s deputies who arrived on scene interviewed Daniel Grogg where he admitted that he had entered the residence by climbing on to the back porch, pushing the air conditioning unit from the window and climbing into the home, according to the criminal complaint. This was recorded on deputies’ body cameras.

But Daniel Grogg told the deputies that he had not been at the residence for several hours and was dropped off at the end of the road by someone. He said he spoke to someone driving a van and asked for a ride because he believed it was his house on fire.

But the woman and other witnesses said that Daniel Grogg was several hundred yards up the road from the house and it was impossible for him to see what was actually on fire.

Katie Grogg advised that Daniel Grogg had never lived in the residence and was upset because his name was not put on the deed. But Daniel Grogg had supposedly cashed in approximately $32,000 of a settlement to purchase the home, and was aware he was losing the home in the divorce. The Groggs also had a court hearing over marital assets which was continued by the judge after arguments became heated, according to the complaint.

Deputy Tyler Gordon confirmed to Ayersman that he was investigating another matter involving Daniel Grogg and that Daniel Grogg was aware of the accusation in that case and that Gordon would be obtaining felony warrants when he finished the investigation.

Two more witnesses alleged they had been with Daniel Grogg at the residence just prior to the fire occurring and that Daniel Grogg had went behind the residence alone for a few minutes prior to them leaving. The fire originated under the rear addition of the home where Daniel Grogg was.

Video surveillance shows smoke coming up over the roof within 12 seconds of Daniel Grogg coming from behind the residence, according to the criminal complaint.

One of the witnesses who was at the home with Daniel Grogg said that Daniel Grogg had not seen the damage done to his car by Katie Grogg and had become extremely upset. He then took a cabinet from the garage and began smashing it in the back yard.

Buckhannon firefighter Tanner Smith suffered an injury to his knee after going through one of the floors located in the back room of the home while battling the fire. He was then transported to the hospital where it was determined to be a severe sprain.

Magistrate Mike Coffman set bond at $75,000 and ordered Daniel Grogg to not have contact with Katie Grogg or to be at the property.

Each of the felonies carries two to 20 years in the penitentiary.

In a separate case, Tivia Lee Wallen, 48, of Buckhannon, was arrested for failure to register as a sex offender, two counts, a felony, by Trooper J.S. Tonkin with the Buckhannon detachment of the West Virginia State Police.

Tonkin received a call from TFC Z.T. Cooper of the Weston detachment that he had taken a complaint that Wallen was hanging around the Wuarry Glenn Apartments in Weston despite being banned from the property, according to the criminal complaint. Tonkin discovered that the 2007 Chevrolet Malibu Wallen was seen driving had not been added to Wallen’s sex offender registry and that Wallen had an expired license.

Tonkin contacted the owner of the vehicle, Raymond Grose, who stated that he had given Wallen a place to stay and access to the vehicle in return for help around the farm but that Wallen no longer stayed there and still had possession of the vehicle.

Tonkin noted in the criminal complaint that Wallen must register as a sex offender for life.

Wallen was arrested in Lewis County and arraigned before Magistrate Michael Gissy who set bond at $40,000 – $20,000 cash and $20,000 surety.

If convicted, Wallen faces imprisonment in a state correctional facility for not less than one year nor more than five years.