Elkins man faces felony drug charge
ELKINS — An Elkins man is facing a felony charge after law enforcement conducted a security check at a local church.
Brandon Lee Kausky, 25, is charged with possession with intent to deliver marijuana. Kausky’s bond was set at $50,000 cash only by Randolph County Magistrate George “Mike” Riggleman.
According to the criminal complaint filed by Deputy E.B. Carr of the Randolph County Sheriff’s Office, the officer was conducting road patrol and a subsequent security check at Hart Chapel Community Church in Chenoweth Creek, where he observed two vehicles, making contact with the occupants of both vehicles due to recent breaking and entering complaints and recent vandalism of the church.
Upon making contact with the driver of the first vehicle, later identified as Kausky, the officer smelled a strong odor of marijuana emitting from the vehicle, the report states, adding that Kausky then advised that he had both marijuana and a firearm inside the vehicle.
The report states that Kausky was then detained for officer safety and stated that he was only in the church parking lot to “chill with his girlfriend.”
According to the report, Kausky informed law enforcement that he had a firearm in the center console. A search of the vehicle located the firearm, ammunition, eight individually packaged baggies of suspected marijuana, twelve individual baggies labeled “Sour 1g Skittles,” which were identified as THC concentrate by Kausky, a blue rubber container containing THC concentrate and one clear bag containing suspected methamphetamine, while officers located $854 inside Kausky’s pocket.
According to the complaint, when asked by officers if he sold marijuana, Kausky replied, “No, but I mean (…) if a friend needs it or something (…) yes (…) I mean (…) I guess I give it to them, but I’m not out here depending on that (…) I mean, I like to smoke for free.”
“(Kausky) stated that he ‘helps friends out’ from time to time by giving them marijuana for free and advised that ‘most of the money’ seized was from his Taco Bell paycheck,” stated Carr.
“When asked about the remainder of the money, he stated that he ‘just give(s) it to them usually’ and that friends try to pay him for it, but he stated that he doesn’t take the money.”
Carr stated that based on his experience, the evidence collected is indicative of drug sales.
According to the complaint, Kausky denied ownership of the suspected methamphetamine, stating that he does not use it and that “a friend must’ve dropped it in his car.”
Kausky advised that he is a former heroin addict but is not currently a user, further stating that he has smoked marijuana since he was 12 and has been a habitual user since, the report states.
According to the complaint, a criminal history search revealed two prior misdemeanor convictions for possession of a controlled substance with an additional case pending.
If convicted, Kausky may be imprisoned in a state correctional facility for one to five years, fined up to $15,000, or both.