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ELKINS -- A bond modification was denied in Randolph County Circuit Court for a Valley Head man accused of allegedly running over another man with an ATV.
Joseph Lee Shipman, 37, who is charged with malicious or unlawful assault, appeared in Circuit Court on Monday to request the court modify his bond. He is currently being held in the Tygart Valley Regional Jail on a $25,000 cash-only bond.
Shipman is accused of running over Jeffrey Stanton of Valley Head with an ATV in the early morning hours of June 30.
Shipman's attorney, Morris Davis, argued that $25,000 in cash was a "tremendous" amount, more than "any normal person in Randolph County could have," and that Shipman has had no way to meet that bond due to being incarcerated since July. Davis also argued that bond should be lowered since this was Shipman's "first brush" with the criminal justice system.
"He's had a few misdemeanors here and there," Davis told the court. "Very small matters, but being incarcerated for six months, or nearly six months, has really shown Mr. Shipman the seriousness and the gravity of the situation. He doesn't have any other violent allegations against him..."
Davis stated that, if bond were modified in such a way that he could post bond, Shipman would not make contact with Stanton and would not be a flight risk due to not having the means to run and due to having lived in Randolph County his entire life and having family who live in the county.
Randolph County Prosecuting Attorney Michael Parker, representing the State, opposed the bond modification, arguing that due to crime being a violent offense, there was the matter of public safety to consider
"In addition to the malicious assault, (Shipman) indicated via text messages that he ran the alleged victim over and also stated that, 'Yeah if he says anything to the cops I'll kill him and he knows it,'" Parker told the court. "For those reasons the State believes the bond is appropriated as set and object to any reduction or modification of bond."
Randolph County Circuit Court Judge David Wilmoth denied the request for bond modification out of concern for the allegations levied against Shipman.
"My concern, Mr. Davis, is about the contents of this... running over (Stanton), supposedly, the injuries that were observed by the law enforcement officer that was investigating, as well as some of the statements that are attributed to Mr. Shipman," Wilmoth said before issuing his judgement. "I'm concerned about the safety of... concerned about the safety of everyone."
According to the criminal complaint, which was prepared by Trooper Brenton K. Riffle of the Elkins detachment of the West Virginia State Police, on June 30 at about 12:42 a.m., he was dispatched for a "hit and run involving an ATV." He was told by a female caller that Shipman had run over another man on a four-wheeler and "then messaged her saying he was going to kill (the man)."
The alleged victim told officers, while at Davis Medical Center, that the incident happened at about 2:30 a.m. while he was walking in Valley Head, the complaint states. The alleged victim said Shipman "ran him over... (and) then turned around and tried to run him over again." He said the incident happened at the Valley Head Post Office.
The alleged victim said he knew Shipman and the two "have had issues in the past," according to the complaint. Riffle said he observed the alleged victim suffered "significant injuries" to his "face, eye, left arm and both legs."
Riffle said Shipman had also sent messages to the female caller saying "im gonna kill him" and "I just ran over (him because she) went with him." Another message stated, "Yea and if he says anything to the cops ill kill him and he knows it."