ELKINS - A 79-year-old Montrose man accused of sexually assaulting a juvenile female relative was arraigned Wednesday.
Brennis Lee Kisner was arrested Sept. 5 on charges of third-degree sexual assault after the girl's mother reported the alleged abuse to the West Virginia State Police.
The state made a motion Wednesday to dismiss the third-degree sexual assault charge in favor of a charge of first-degree sexual assault.
Kisner was arraigned before Magistrate Rob Elbon Wednesday on the first-degree sexual assault charge, which carries a penalty of 15 to 35 years in a state penitentiary and a $1,000 to $10,000 fine, if convicted.
Prosecuting Attorney Michael Parker, in a phone conversation with the Inter-Mountain after the hearing, explained that, upon review of the facts of the case by his office, the decision was made that the first-degree sexual assault charge was more appropriate.
The alleged victim told her mother that Kisner had "put his hands in her pants" and touched her genitals, according to the police report.
Later, during a forensic interview, she (the victim) said she and Kisner had been playing in a field, when he led her to what she described as a "hiding spot," according to the report. The girl alleged that Kisner proceeded to expose himself to her, and had intercourse with her.
Elbon ruled that Kisner's bond would remain at $25,000 cash or surety.
Also in Randolph County Magistrate Court Wednesday:
- A Valley Bend man waived his right to a preliminary hearing before Elbon. The case will now go before the grand jury.
David William Tackett, 36, was charged with one count of fraudulent schemes, a felony, stemming from four complaints received by the West Virginia State Police between Oct. 15 and Jan. 13.
Three individuals and a married couple all claimed they paid Tackett money to do some contracting work on their residences, according to the criminal complaint. The residents all said none of the work they hired Tackett for was done and that attempts to contact Tackett to ask for their money back were unsuccessful, the complaint reads.
Senior Trooper S.E. Hevener, the investigating officer, interviewed Tackett on Jan. 29 regarding the individuals' concerns. According to Hevener, Tackett said he was unable to do the first job due to winter weather, and when spring came, "he cut off two of his fingers" putting him off the job for some time. Tackett said he'd gotten behind on his jobs and had "robbed Peter to pay Paul" and it had caught up to him, the criminal complaint states.
Tackett claimed that all of the contracts he had written for the jobs were valid, Hevener said. However, Tackett said his contractor's license has expired and that it will cost about $500 to renew it. According to the complaint, Tackett said "his ultimate goal is to get his residence refinanced and to pay these individuals back."
The total amount of money the individuals paid Tackett was $33,835, police said.
Tackett was arraigned by Randolph County Magistrate George M. Riggleman and is free on a $10,000 personal recognizance bond.