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Arbogast
ELKINS -- An Elkins man was charged Friday in an incident in which he allegedly pulled a gun on police officers and damaged two police cruisers.
James Clay Arbogast, 52, has been charged with wanton endangerment involving a firearm that was produced during the commission of a felony.
According to the criminal complaint, at approximately 1:26 p.m. Thursday, the Elkins Police Department received a BOLO (be on the lookout) for Arbogast from the Buckhannon Police Department. The BOLO referenced Arbogast being suicidal and allegedly leaving suicide notes at the Walmart store in Buckhannon.
The EPD was advised by 911 that Arbogast was to be in the Elkins area and would be driving a black in color Ford Fusion bearing a West Virginia registration, the complaint states. A tip to EPD's Cpl. Boatwright led officers to the area of South Elkins with a possible sighting of the vehicle described.
EPD's Cpl. Tice located the vehicle bearing the same registration on Livingston Avenue near the corner of 15th Street and it appeared to be unoccupied when Tice approached the vehicle with his patrol car, court documents state.
Not knowing where Arbogast was located, officers staged in the area to wait for a sighting of the suspect. While patrolling the area, Arbogast was seen leaving a residence on Livingston Avenue and officers approached the vehicle to make contact and check on his welfare, according to the criminal complaint.
Arbogast ignored commands from Boatwright to get out of his vehicle and proceeded to flee from police, showing reckless indifference to others on the roadway, the complaint states. Tice, Boatwright and officer W.D. Butcher attempted to conduct a traffic stop on the vehicle by activating emergency signals and found Arbogast fleeing from the officers.
When approaching the intersection of 13th Street and South Davis Avenue, Boatwright attempted to box Arbogast in while Tice was following him. Knowing the history of Arbogast having a prior wanted endangerment charge, Tice exited his patrol car with pistol drawn and commanded Arbogast to exit his vehicle, according to the police report.
At this time Arbogast's vehicle struck Boatwright's cruiser causing damage, and Tice attempted to gain access and control of Arbogast through the driver's side window, the complaint states. When the officer approached the vehicle Arbogast produced a black handgun, which appeared to be real until further inspection, and pointed it at officers Boatwright and Butcher. Tice immediately grabbed the weapon and pulled the gun away, striking Arbogast's left arm against the door frame in an attempt to disarm him.
After gaining control of the weapon, Tice was able to open the door and his attempt to remove Arbogast from the vehicle with physical force was unsuccessful, the report reads. Arbogast was giving the vehicle, which was still in gear, gas in an attempt to turn the automobile into a weapon, police said.
The complaint accuses Arbogast of attempting to run over Tice with the car door, and striking Tice's police cruiser, causing damage.
Still refusing to be pulled out of the car, officers deployed tasers to Arbogast in an attempt to incapacitate and gain control of him, according to court documents. Those attempts were unsuccessful and Boatwright then deployed a baton, striking Arbogast and removing him from the vehicle.
Arbogast appeared to have a laceration to the back of the head and EMS was requested immediately for his injuries, the complaint states. The smell of an alcoholic beverage was allegedly overpowering from the vehicle and Arbogast's person. He was transported to Davis Medical Center for injuries sustained during the incident.
A search warrant was obtained for the blood and medical records of Arbogast for the suspicion of DUI. Arbogast's records indicate that he was under the influence of cannabis and had a blood alcohol level of .154, police said.