Local News

Judge takes strong stance against running from, fighting with police

BUCKHANNON -- A Buckhannon man must hold signs on two separate days outside the courthouse telling people to not run from the police or fight with the police for each year of his probation following sentencing in Upshur County Circuit Court.

Michael Gregory, 54, previously plead guilty Aug. 8 to fleeing in a vehicle with reckless indifference to the safety of others, a felony; and two misdemeanors: battery on a police officer and fleeing on foot.

In August 2018, Gregory had fled from Upshur County Sheriff's Deputy Tyler Gordon and then fought with Gordon before the deputy was able to place him under arrest.

On Wednesday, Oct. 2 Judge Kurt Hall said, "I'm tired of people fighting with the police. I am sick and tired of people wrestling and fighting with the police. "

The judge sentenced Gregory to one to five years in prison for the felony offense of fleeing with reckless indifference, but suspended that sentence and made it to be consecutive to the misdemeanor offenses. He also imposed the minimum $1,000 fine while placing Gregory on probation for five years.

As a condition of the probation, Hall also said that Gregory would need to perform 80 hours of community service each year.

It was the next part of the sentence that Hall crafted that was a bit unusual although the judge referenced a 2004 9th Circuit Court case -- U.S. vs. Gementera -- that includes a plan of rehabilitation as a condition of probation.

For eight hours one day each year of probation, Gregory will be required to hold a sign in front of the courthouse that reads, "Do not run from the police." On a separate day, Gregory will be required to hold a sign that reads, "Do not fight the police."

"That's not done because I want to shame you or humiliate you," Hall said. "I want people to know that is a bad thing to do -- running from the police and fighting the police. I'm just so sick of people running from the police."

Hall said, "This is a tough case, running from the police and fighting with the police. This started out running from police on a four-wheeler. You took something that was not all that serious and you turned it into something very serious. I guess the only thing that really is going to keep me from really leveling the boom on you is that part of me says that if you really wanted to hurt that officer, you probably could have done it that day. I think you were just resisting him."

Hall said he had watched the video of Gregory's arrest and noted that Gordon had been respectful to Gregory. The deputy could be heard on the video asking, "You want a drink of water Mr. Gregory?" after he got the sheriff's department with Gregory.

Hall sentenced Gregory to 60 days in jail and a fine of $50 for fleeing on foot, a misdemeanor; and one year in jail for battery on an officer to run concurrent with the previous misdemeanor. He suspended all but 60 days of the sentence and agreed to allow Gregory to serve on weekends beginning the weekend of Oct. 11 and received credit for 11 days served.

"You miss one weekend and you are going to end up getting your probation revoked," Hall said.

Hall told Gregory the only reason he was receiving this sentence was because he had demonstrated he could follow the rules while on bond.

Bailey told the court earlier in the hearing that Gregory had been out on bond for a significant time and had no problems except for two positive drug screenings for marijuana around the time of his arrest.

"He has shown the court that he is able to comply with the rules," Bailey said.

Bailey said Gregory did take some responsibility because he pled.

"He has demonstrated the ability to be successful when it comes to following rules once he is sentenced," Bailey said.

Gregory asked Hall to give him a second chance and he would prove himself.

"I can be somebody you can trust," he said.

Hall asked Gregory what he had learned.

Gregory replied, "It doesn't do any good to mess with the law in any way."

He also said he was finished with methamphetamine.

"I'm done, buddy," he said. "I have tested negative for over a year. I'm definitely done with anything like that."

Gregory also said he would apologize to Gordon.

Prosecuting attorney David Godwin agreed to dismiss the remaining counts of the indictment.