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ELKINS -- An Elkins man is facing a felony charge after he allegedly refused to exit a Tygart Valley Regional Jail vehicle, resisted arrest and attempted to escape custody.
Ronald Blaine Simmons, 30, of Elkins, is charged with felony second offense battery on an officer. According to a criminal complaint filed in Randolph County Magistrate Court, on May 18, Elkins Police Department Corporal T.H. Foster was notified that the TVRJ had an uncooperative male in their vehicle behind Elkins City Hall.
According to the complaint, SImmons was advised to exit the the vehicle so correctional officers could return to the TVRJ. Simmons would not leave the vehicle and was warned he was breaking the law.
"Simmons continued to sit in the vehicle and would not exit after being asked multiple times," the complaint states. "(EPD) Chief T.C. Bennett then administered a 1-2 second burst of Oleoresin Capscium to Simmons facial area. This proved to be of little effect to Simmons, who would still not exit the vehicle."
According to the complaint, Foster then advised Simmons to exit the vehicle or he would be tased and Simmons still refused to exit. Simmons deployed his taser, "administering a five-second burst that struck his right thigh."
"Simmons then attempted to remove the leads from his leg as I entered the vehicle to gain control of his arms," Foster wrote in the complaint. "Simmons was removed from the vehicle and assisted to the ground to be placed in hand restraints which he continued to fight officers and refuse t o place his hands behind his back whole attempting to keep his hands under his body."
According to the complaint, Simmons was instructed several times to quit resisting and place his hands behind his back, which he refused. Simmons was finally placed into hand restraints and then refused to stand up and had to be carried to a cruiser for transport. Correctional officers informed the officer that they would transport Simmons to TVRJ.
"Simmons was taken from my vehicle and placed back into the TVRJ transport vehicle," the complaint states. "Simmons continued to resist officers and had slipped his restraints from the back to the front of his body."
Correctional officers attempted to replace the hand restraints with their own and Simmons continued to resist and refused to adhere to commands, the complaint states.
"While attempting to replace the hands restraints that had been placed on Simmons, one of the COs (Correctional Officer) Captain R. Petrice, who was assisting, was bitten by Simmons," Foster wrote in the complaint.
Once hand restraints were finally in place, Simmons was placed into the transport vehicle. While being transported to TVRJ on Corridor H, Simmons allegedly pushed a window out of the vehicle and was attempting to escape, the complaint states. Police officers responded to the location and assisted with transporting Simmons.
Once in TVRJ custody, Simmons continued to resist and refuse commands, according to the complaint. Upon checking Simmons' criminal history it was determined that he had a previous felony conviction of battery on an officer in Virginia on Sept. 17, 2012.
If convicted Simmons one to 10 years in prison or faces a fine of not more than $1,000, or both.