Man facing terroristic threats charge


ELKINS — A Harman man is behind bars after allegedly threatening to shoot people, fleeing from law enforcement and exposing himself to police officers.

Brian Michael Mullennex, 48, of Harman, is facing felony charges of wanton endangerment with a firearm and terroristic threats. According to a criminal complaint filed in Randolph County Magistrate Court, on Sunday at approximately 2:58 a.m., Elkins Police Department Patrolman D.E. George and Corporal C.G. Boatwright responded to a hit and run call near DiBella’s Bar on Third Street in Elkins.

George was the first to arrive on scene and found a female lying in the roadway.

“I arrived on scene and observed … a male subject wearing a black T-shirt and camo shorts holding C-Spine (spine immobilization for the female wreck victim),” Boatwright wrote in the complaint. “I advised Patrolman George to go attempt to locate the striking vehicle that was said to have another male subject on the outside of the vehicle that jumped on it when everything began.”

The male subject helping immobilize the victim said his name was Brian Mullennex and that he was a combat medic, the complaint states.

“I advised him to continue to hold C-Spine and I began to assess for other injuries,” Boatwright wrote. “Randolph County EMS arrived on scene and Mr. Mullennex gave them a detailed report of his observations with the female.”

According to the complaint, Boatwright then heard screaming and was told a man was “overdosing” on the sidewalk of Henry Avenue.

“I ran over and observed a male subject bleeding from the head with multiple obvious injuries,” it states in the complaint. “It was also obvious he was not overdosing.”

The complaint states that Boatwright began to assess the man’s injuries while EMS loaded the hit-and-run patient into the ambulance. Boatwright then drove the ambulance to Davis Medical Center so Randolph County EMS personnel could take care of the male on the sidewalk. After returning to the scene, Boatwright found Mullennex assisting EMS. Mullennex informed Boatwright that he had also been struck by the car, but refused treatment.

“Once the male was loaded, I advised Ptlm. George to get statements from individuals to include Mr. Mullennex,” Boatwright writes in the complaint. “Ptlm. George then approached Mr. Mullennex and asked him to fill out a statement, at which time Mr. Mullennex began to run away. As Mr. Mullennex began to run away he pulled a black handgun from his waistband and began to point it back toward everyone on scene.”

According to the complaint, Mullennex said, “I will … kill everyone, and then I’ll kill myself, you’re right I have a gun,” as he put the gun to his head. Mullennex was given commands to drop the gun and was approximately 50-60 yards away from Boatwright but continued to run toward the alley connecting Third and Second Street, the report reads.

“I ran to my cruiser and began to attempt to locate him,” Boatwright writes in the complaint. “I went down Henry Avenue and onto Second Street attempting to locate Mr. Mullennex. I then entered the alley from the Second Street side and observed a female smoking a cigarette. I asked the female if anybody had ran through and she stated that he was hiding behind a dumpster up ahead of me.”

Boatwright positioned his cruiser and turned on the front lights. Boatwright exited the cruiser and began to give Mullennex commands. Mullennex allegedly asked the officer to “kill him” and stated he was on multiple watch lists for “suicide by cop.” Boatwright writes in the complaint that as he continued to issue commands George arrived on scene.

“Mr Mullennex continued to refuse all commands and stated, ‘I’ll burn this whole city to the … ground, just like the rest of the country.’ Mr. Mullennex then began to give us the ‘finger’ and continued to tell us to kill him,” the complaint states.

Officers continued to talk to Mullennex in attempts to get him to drop the gun and show his hands, the report reads. Mullennex allegedly threw the gun over the dumpster along with a knife.

“Mr. Mullennex then came out from the dumpster and placed his hands in his pockets,” the complaint states. “Mr. Mullennex continued to refuse commands and continued to degrade and cuss us. Mr. Mullennex then stated to ‘watch this’ and undid his pants, pulled them down and waved his genitals at us, turned around (and exposed his bare behind).”

According to the complaint, Mullennex continued to refuse commands and attempted to leave the area.

“We then followed and I transitioned to my taser while Ptlm. George covered me with his firearm,” Boatwright writes in the complaint. “Mr. Mullennex then turned and faced us and I deployed by taser to his mid section. Mr. Mullennex then pulled the prongs from his body screaming. Mr. Mullennex then advised he would comply and laid down on the ground. I then approached and placed Mr. Mullennex into hand restraints where he continued to resist.”

Officers then searched Mullennex and placed him into Boatwright’s cruiser.

“He continued to state that he should have killed people or shot at us so we would have killed him,” the complaint states.

Boatwright retrieved the firearm Mullennex was carrying and identified it is a SCCY 9mm pistol with a loaded magazine and one bullet in the chamber. Mullennex was taken to the EPD for processing, and members of the West Virginia State Police arrived at the office for assistance.

“While processing Mr. Mullennex, I removed his handcuffs and advised him to remain faced away from me and to keep his hands down to his sides,” Boatwright states in the complaint. “Upon removal of the handcuffs, Mr. Mullennex tensed up and aggressively turned toward us rapidly. I then delivered an open hand strike to Mr. Mullennex’s left side of his face and neck area which produced the desired stunning effect.”

According to the complaint, Mullennex was compliant the rest of the time during processing.

“When I then transported Mr. Mullennex to the Tygarts Valley Regional Jail he continued to state that he should have killed himself, that he should jump off a bridge, that he wanted me to kill him, and if when I get him out of the cruiser if he fought me, I should just shoot him,” Boatwright writes in the complaint.

Tygart Valley Regional Jail advised Boatwright that the facility could not receive Mullennex without a medical release from the hospital due to the vehicle incident. Boatwright then transported Mullennex back to Davis Medical Center to be cleared.

Mullennex is currently being held in TVRJ. If convicted on the wanton endangerment involving a firearm charge, Mullenex faces one to five years in prison, or confinement in the county jail for not more than one year or a fine of $250 to $22,500, or both.

On the terroristic threats charge, Mullennex faces a fine of $5,000 to $25,000, or one to three years in prison, or both.


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