Carr

ELKINS — Probable cause was found in the case of a Valley Bend man accused of breaking into a neighbor’s enclosed porch and starting a fire.

Roy Allen Carr, 33, appeared in Randolph County Magistrate Court on Tuesday afternoon with his attorney, Paul Gwaltney, for a preliminary hearing. Carr is charged with burglary and arson, both felonies. He is currently being held at the Tygart Valley Regional Jail on a $35,000 cash-only bond.

Randolph County Magistrate Tracy Harper presided Tuesday afternoon and found probable cause for the case to go before a grand jury.

At the hearing’s start, Assistant Randolph County Prosecutor Leckta Poling called the alleged victim to testify before the court. In his testimony, the alleged victim said that on May 18, Carr, who was his neighbor at the time, came down to his house and began “beating on the outside screen door” of his porch.

The alleged victim told the court he had told Carr to leave and shut the door on him before hearing the sound of glass breaking, at which point he then left his home through the backdoor and called the police.

When asked by Poling as to what had been broken, the alleged victim said it was both his glass screen doors and glass entry door. During a walk-through the alleged victim later conducted with police, he said he saw wood from his woodpile and glass from the doors all over the porch and signs that a piece of wood had “put a hole in the side of (his) trailer.” The alleged victim also said he later found two of his cats dead behind a garbage bag outside of the house.

One can of gasoline on the alleged victim’s porch had also been “dumped over” onto the porch, the alleged victim told the court.

The alleged victim denied having any issues with Carr prior to this event, explaining that he had only just asked Carr earlier that night if he wanted a mattress when they were both over at another neighbor’s home.

During cross-examination, Gwaltney asked if the alleged victim was aware if Carr had entered his home. The alleged victim said “as far as (he) knew, (Carr) didn’t.”

Gwaltney questioned if the alleged victim had spoken to or knew of Carr’s daughter, knew if Carr had a chihuahua or if there was ever any dispute between the alleged victim and Carr over the chihuahua coming onto the alleged victim’s property. The alleged victim responded “no” to each question. He also denied having any disputes with other neighbors.

When asked by Gwaltney if he was aware that another neighbor had told Carr about “a conversation to get (Carr) worked up,” the alleged victim said he was not aware.

Poling later called West Virginia State Police Trooper Thomas J. Sclimenti, the arresting officer in this case, to testify before the court. 

Sclimenti told the court that he had previously responded to a call in that area earlier on May 18 regarding a domestic dispute. Both parties involved told Sclimenti there had been no fight, but that they believed the alleged victim had been the one to call the police and they would “deal with it,” to which Sclimenti told them not to. Sclimenti said he later believed the incident at the alleged victim’s home was related to the first call. 

When he returned later to respond to the incident at the alleged victim’s home, Sclimenti said he spoke with the alleged victim and then approached the home, where he saw Carr “staggering” off the porch. 

When Sclimenti detained Carr, a bystander yelled “the porch is on fire.” After witnessing the fire, Sclimenti said he grabbed his extinguisher and put out the flames. Sclimenti said he observed broken glass from the doors, a tipped over gas can, wood and a kitten “in the middle of where the fire had just been.” The kitten, Sclimenti said, was still alive and was returned to the alleged victim, though Sclimenti admitted he was unaware of the kitten’s status now.

Sclimenti told the court that Carr allegedly admitted that he had broken through the doors to try and “speak with (the alleged victim).” Carr also allegedly repeated that the alleged victim had “threatened his daughter” and that he wanted to fight the alleged victim.

During cross-examination, Sclimenti said he had been told by another party that other neighbors had been trying to rile Carr up to get him to do something to the alleged victim; however, he was unable to get in contact with those neighbors. He also said that Carr allegedly stated multiple times that he had set the fire on the porch.

In closing arguments, Gwaltney stated that Carr should not be charged with burglary as Carr did not actually enter the alleged victim’s home. In regard to the arson charge, Gwaltney said there was no evidence or testimony that the fire was intentionally or maliciously lit.

Poling countered that it was clear from the testimony that Carr has repeatedly admitted to lighting the fire and to wanting to fight the alleged victim. Poling added it was also clear from testimony that the enclosed porch was attached to the house and therefore part of the house.