Drug case going to grand jury

ELKINS — The case against one of two area men allegedly being found in possession of drugs and a firearm will be forwarded to the Randolph County Circuit Court.

Probable cause for the arrest of David Louis Deshayes, 36, of Elkins, was ruled to have been met. He is charged with one felony count of possession of a controlled substance with intent to deliver

Deshayes’ co-defendant, Aaron Carl Cale, 25, of Elkins, had his preliminary hearing continued to allow him to obtain court appointed counsel after his current counsel was forced to withdraw from the case. Cale is charged with one felony count of possession of a controlled substance with intent to deliver and one felony count of prohibited person in possession of a firearm.

The probable cause finding means Deshayes case will be bound over to the Randolph County Circuit Court for presentation to a grand jury and possible indictment.

According to a criminal complaint filed in Randolph County Magistrate Court, at approximately 2:03 p.m. on Aug. 26, Senior Patrolman B.D. Tice and Patrolman C.G. Boatwright, both of the Elkins Police Department, were advised by Randolph County 911 of a call with people crying in distress and a man trying to make a person take medication.

The call was traced to First Street in Elkins and while officers were attempting to locate the caller they overheard music coming from the basement of a Second Street residence, police said.

The door to the basement was open and Boatwright saw three male individuals inside. One of the males had a blue smoking device and when he saw Boatwright he blew the smoke out of his mouth and put the “bong” under a table in the room. Boatwright entered the basement and was able to smell “the odor of burning marijuana,” the complaint states.

When asked what the smell was, Deshayes said he was “smoking a joint” and added he was “(expletive) off that he was not going to be able to finish it.” Boatwright also observed a green leafy substance and several “roaches” on a dresser, police said.

During a pat-down search of Cale, officers found a pill bottle in his pocket that had multiple plastic baggies and two “corner baggies” containing a crystal-like substance consistent with methamphetamine, court documents state. Cale was also found to have a 9-mm High Point pistol in the front waistband of his pants.

A search of the basement revealed two sets of scales, a small corner baggy containing a substance consistent with methamphetamine, an empty corner baggy and a baggy with the corner cut off of it, police said. Tice conducted a search of the third man and located a clear plastic baggy containing a crystal-like substance in his pocket.

Deshayes and Cale asked if they could smoke a cigarette and while officers were getting a cigarette out for Deshayes they located a cigarette wrapper containing multiple small, white circular pills, the complaint states.

The third man allegedly told officers he got the “meth” from “Keeb” (Deshayes) for some tools. The complaint quotes him as adding, “I was hanging out with Keeb in his apartment smoking when the cops showed up. I put the bond back on his coffee table where I got it. During a search of the apartment a baggy was found in my pocket. Keeb gave me the baggy for some tools.”

At that time, the man was issued a citation for possession of a controlled substance and released. A criminal history check was conducted and revealed Cale had several charges, including felonies, that would prevent him from possessing a firearm, court documents indicate.

Officers weighed the substances and discovered Cale had 1.2 grams of methamphetamine, three full clear plastic baggies, three plastic baggies with the corners cut out, one corner baggy, the firearm and a black LG cell phone, according to the complaint.

Found in Deshayes possession was four burnt “roaches;” approximately 1.6 grams of a green leafy substance; one clear plastic corner bag with a substance believed to be methamphetamine weighing approximately .4 grams; a clear plastic baggy with the corner cut off; a single corner baggy; two sets of scales; a cigarette wrapper containing four small, white circular pills imprinted with “WATSON” and “241/1” discovered to be Lorazepam; 33 small, white circular pills imprinted with “EP/905 and “1” found to be Lorazepam; 10 small, white circular pills imprinted with “4008” and a “V” found to be Lorazepam; and a white and black Alcatel cell phone, court documents state.

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