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ELKINS -- An Upshur County man has admitted to the unlawful possession of a firearm and is facing a possible federal prison sentence of 15 years after a dog-shooting incident.
John Felix Cathell, III, 55, of French Creek, appeared in federal court in Elkins Tuesday.
According to the criminal complaint, on March 27, 2024, the Upshur County Sheriff's Office investigated a reported shooting of a dog on Bragg Road. Upon arrival at the scene, officers spoke with a neighbor of Cathell's, who said she had crossed the road to call for her dogs, who were "outside the fence of a donkey that was owned by" Cathell.
Prior to that, Cathell and his wife had returned home, after receiving a phone call from another neighbor saying "their donkey was being herded by the dogs," the complaint states. Cathell "retrieved a shotgun from his residence, (then) walked approximately 180 feet to the downslope where the donkey was fenced in."
Cathell's wife reportedly yelled at the neighbor dog-owner, telling her to "get her dog and calling her a whore," according to the complaint. One of the dogs was reportedly trying to come to the neighbor, but Cathell "fired his shotgun and missed the dog. The dog was unable to get through the fence, and while being scared from the shotgun, the dog turned and ran up the hill. (Cathell) fired another shot and killed the dog."
Cathell then reportedly "fired his shotgun twice in the direction of" the neighbor dog-owner and his wife, and the neighbor's home, the complaint states. Cathell was "approximately 180 feet from" the home and "approximately 200 feet from both women."
According to court documents, Cathell is prohibited from having firearms because of prior firearms convictions. Officers searched Cathell's home and recovered multiple firearms, firearms parts, and ammunition.
Cathell is facing up to 15 years in federal prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant U.S. Attorney Christie Utt is prosecuting the case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Upshur County Sheriff's Office investigated. U.S. Magistrate Judge Michael John Aloi presided.