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Upshur man accused of strangling a juvenile

Cesaro

ROCK CAVE – An Upshur County man faces a felony charge after allegedly strangling a juvenile in his care.

Austin Gene Cesaro, 32, is charged with strangulation, suffocation or asphyxiation, a felony. Cesaro was being held at the Tygart Valley Regional Jail on a $15,000 property/surety bond that has since been posted.

According to the criminal complaint filed by Cpl. Dakota Linger with the Upshur County Sheriff’s Office, on Aug. 17, Linger received a call in regard to a juvenile who was said to have been missing since that morning. It was said the juvenile had stolen a vehicle that belonged to their mother. Linger made a CPS referral, as this was the third time the juvenile had run away from home.

In Braxton County, Trooper Wiley with the West Virginia State Police located the stolen vehicle traveling south on I-79, the complaint states. Wiley attempted to conduct a traffic stop; however, the juvenile fled and became involved in a motor vehicle accident. Wiley, after speaking with the juvenile, informed Linger that the juvenile said they had run away because Cesaro “choked (them) the day before.”

Wiley also received a video statement from the juvenile’s mother, stating that the juvenile was laying on the floor as Cesaro “was shaking (them), threatening to kill (them),” the complaint states. The juvenile and their mother told officers that they were scared due to Cesaro “being abusive and drinking.” Wiley also informed Linger that Cesaro was, at the time, home alone with two other juveniles.

Linger writes that he then made a new CPS referral to obtain Wiley’s bodycam footage, which the complaint states shows the juvenile saying that Cesaro choked them and they “could not breath.” The complaint also states the juvenile told Linger that their breath was “restricted, but not fully cut off.” Linger also interviewed Cesaro, who allegedly admitted to having put his hand around the juvenile’s neck “for approximately 45 to 60 seconds at most.”

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