The Inter-Mountain photo by Taylor McKinnie Pete Perez, left, confers with his attorney, Brent Easton, after probable cause was found during a preliminary hearing in Randolph County Magistrate Court on Wednesday morning.

ELKINS — Probable cause has been found in the case of a Valley Head man who faces three felony charges involving a minor after being arrested during a multi-department felony fugitive apprehension attempt last month.

Pete Perez, 45, is charged with gross neglect of a child creating a substantial risk of death or serious bodily injury, distributing or exhibiting material depicting minors engaged in sexually explicit conduct, and soliciting a minor via computer, all felonies. He is currently being held at the Tygart Valley Regional Jail on a $60,000 cash-only bond.

Perez appeared in Randolph County Magistrate Court on Wednesday for a preliminary hearing with his attorney, Brent Easton. Before the preliminary hearing began, Easton asked Randolph County Magistrate Michael Dyer to modify Perez’s bond to a surety bond with 10% to the court or a reduction of bond amount. Easton cited that Perez could not afford the bond as currently set and was a resident of the area.

Assistant Randolph County Prosecutor Leckta Poling argued against modifying Perez’s bond, saying the state believed Perez to be a flight risk and a danger to the community, due to the severity of the crimes of which he is accused. Poling also suggested that more charges may be brought in the future against Perez as the investigation continued.

Dyer denied any modification of Perez’s bond after finding probable cause in the case.

At the hearing’s start, Poling called Sgt. Daniel Burge with the West Virginia State Police to testify before the court. Burge joined the hearing via live video feed.

Burge said the case started off as a missing person’s complaint filed on May 8, where police were informed that a missing 15-year-old had been last seen with Perez. Burge explained that while the alleged victim had permission from their mother to go on a four-wheeler ride with Perez around 4:30 p.m. on May 7, they were supposed to return before 9 p.m. However, Burge explained that police were told that the alleged victim and Perez had “been out the entire night.” The alleged victim was not reported missing until 11 a.m. the next day, Burge said.

When asked by Poling if police had reason to believe that the alleged victim was not safe while with Perez, Burge said police had come to learn that the alleged victim’s mother had disclosed to her employer “months earlier” that Perez “had been doing sexual things” to the alleged victim. Perez was also discovered to have been a custodian to alleged victims on multiple occasions, Burge said.

After the alleged victim was found, Burge explained that they began acting “really odd” and was taken by ambulance to Davis Medical Center where the alleged victim tested positive for THC and methamphetamine. Burge told the court that the alleged victim claimed Perez had given them marijuana on multiple occasions and Perez had let the alleged victim smoke from his meth pipe the night they went missing.

The alleged victim was given a CAC interview, Burge said, and during that interview, the alleged victim claimed that Perez had been “blackmailing (them) for some time” to send inappropriate videos and photos of themselves to him. Burge said the photos and videos were sent through phones over the internet. The photos and videos were found through a search warrant to the social media messaging app Snapchat. Burge said police were able to determine the videos and photos were sent to Perez.

Burge said that, while he could not recall if Perez admitted during a Mirandized interview to giving the alleged victim the drugs that were found in her system, Burge did recall that Perez admitted that he “knew the pictures and videos (were) on his phone.”

During cross-examination, Easton questioned if the alleged victim and Perez had been found in Randolph or Pocahontas County. Burge was insistent that everything occurred in Randolph County.

Burge also gave more details on what made the alleged victim’s behavior “really odd” when they were found, explaining that the alleged victim could not look anyone in the eyes and was crying. When EMS services were offered, police were informed by the family that the alleged victim “was fine.” Burge said police then learned that the alleged victim’s mother had later called EMS because the alleged victim was “flipping out.”

When asked by Easton if the alleged victim’s mother was a co-defendant in this case “in some capacity” with regard to neglect, Burge said yes.

Easton also questioned what type of blackmail was being used against the alleged victim. Burge said the alleged victim did not disclose that during their CAC interview.

In closing arguments, Easton questioned the jurisdiction of the Randolph County courts, suggesting that there was no evidence that proved the alleged victim and Perez had been in or were found in Randolph County and not Pocahontas County. He also argued that there was no evidence that Perez had ever distributed any alleged videos or photos ,and brought into question the issue of the alleged victim saying they were blackmailed without any more details.

Poling countered that there is case law that says that “either county, if it is close to the county line, can proceed with the charges,” and that it was repeatedly said that the events of May 7 and May 8 occurred in Randolph County. She also said the state believed that the transfer of the photos and videos from one device to another can be defined as distribution.

Perez was arrested on May 31 in a multi-department felony fugitive apprehension attempt.

The Randolph County Sheriff’s Office asked that anyone with information regarding the Perez investigation contact the Beverly Detachment of the West Virginia State Police on 5190 Beverly Pike. The Beverly Detachment of the West Virginia State Police can be reached at 304-637-0200.