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Guilty plea entered in gun incident

Collins

ELKINS — An Elkins man accused of pointing a gun at a 12-year-old child in February entered a plea agreement in Randolph County Circuit Court.

Eddie Ray Collins, 33, plead guilty to one count of assault, a felony, and one count of brandishing a deadly weapon, a misdemeanor. Collins is currently being held in Tygart Valley Regional Jail.

In June, Collins was initially indicted by a Randolph County Grand Jury on one count of wanton endangerment involving a firearm, a felony; and one count of assault and one count of possession by prohibited person of a firearm, both misdemeanors.

Before the agreement was finalized, Judge David Wilmoth asked Collins what made him guilty of brandishing a deadly weapon. Collins stated that he pulled out his gun as he was walking back to his vehicle when he saw that the juvenile “had the piece on them.”

When asked what made him guilty of assault, Collins simply said he assumed the juvenile “thought (they were) going to get shot” when Collins pulled out his gun.

After Assistant Prosecutor Richard Shryock told the court the state’s findings on the case, which contradicted what Collins had told the court, Wilmoth asked Collins if he was denying that he pointed the gun at the child. This began a back and forth between Wilmoth and Collins, with Collins repeating that he did not pull out his gun until he went back to his vehicle.

“What I’m trying to find out, Mr. Collins, is whether you accept responsibility for what you did,” the judge said.

“Yes, I accept,” Collins began to say.

“The juvenile says you had the gun out already and you pointed it at (them),” Wilmoth said. “You’re telling me you didn’t.”

“I accept what I did,” Collins said.

Wilmoth asked if the victim was telling the truth, to which Collins initially said yes and said he accepted responsibility, but also reiterated that he pulled out his gun at the car and did not aim at the victim.

“So is the juvenile telling the truth?” Wilmoth asked again.

“No. I mean, fully, no. No.” Collins answered this time.

According to the criminal complaint filed by the Randolph County Sheriff’s Office, on Feb. 5, Collins was arrested after deputies responded to a call in reference to a male subject brandishing a firearm at a juvenile.

Senior Deputy T.J. Knotts and Chief Deputy B.T. were summoned to the scene after a witness called 911 and reported the incident. When the officers arrived, the witness provided a written statement alleging that, after driving a side-by-side to the end of a driveway to put out trash, the alleged victim made their way to the barn to feed the horses, the complaint states.

According to the complaint, after feeding the horses and coming out of the barn, the alleged victim was approached by Collins, who came out of a white SUV with a handgun. The witness statement alleged that Collins “pointed the gun at (the juvenile).” The complaint states the juvenile pulled out their own pistol and told Collins that “you better leave.”

Collins then got back into his vehicle and left the scene, according to the complaint. The juvenile advised deputies that when they were interacting with Collins, they detected a strong odor of alcohol emitting from Collins. The alleged victim also told deputies that they feared for their life when the gun, described as a black semi-automatic pistol with an extended magazine, was pointed at them.

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