Conley

ELKINS — The case against an Upshur County woman accused of attempting to take a Randolph County Sheriff’s Office deputy’s firearm will be brought before the grand jury after she waived the right to her preliminary hearing this week.

Halley Faith Conley, 19, of Buckhannon, appeared in Randolph County Magistrate Court on Thursday afternoon with attorney Gregory Tingler. Conley waived her right to a preliminary hearing, clearing the way for her case to be brought before a Randolph County grand jury.

Conley is charged with felony obstruction. She is currently being held at the Tygart Valley Regional Jail on a $25,000 cash bond.

Though Conley waived her preliminary hearing, a hearing was still held to discuss a bond motion that Tingler brought before the court. Tingler asked the court to modify Conley’s bond with the condition of rehab.

“Your honor, my client is 19 years old,” Tingler told Magistrate Ben Shepler. “The events that led to her arrest stem from drug use. She’s got a pretty serious drug problem at this point. In fact, she had called for assistance that night, which ultimately led to her arrest. She believed she had been given too much drugs, unwillingly. She had Narcan-ned herself and she was struggling with that situation. She doesn’t have any memory of the rest of the evening.”

Tingler said he and Conley believed that rehab was appropriate for Conley, considering her age and the circumstances surrounding her arrest.

Assistant Randolph County Prosecutor Leckta Poling said the state was opposed to changing the bond and adding the condition of rehab.

“This was a felony attempt to disarm a police officer who was responding to assist her,” Poling said. “Obviously, pretty significant details in the (criminal) complaint as to her actions.”

Tingler countered that he did not believe Conley was a danger to anyone and that there was no “significant risk” of Conley actually getting hold of Randolph County Sheriff’s Office Deputy L. Elbon’s firearm during the incident that led to her arrest, as she is accused of attempting to do.

In making his decision, Shepler said he understood the factors surrounding Conley’s age and appreciated her admittance of having an addiction, but stated that the bond was “pretty fairly set to begin with.”

“I clearly want to help somebody at the age of 19, if they’re wanting to help themselves, but right now my hands are tied with the case because it’s due ready to go across the street (to Randolph County Circuit Court),” Shepler said. “So I think I’m going to leave it to the circuit Judges of Randolph County. Whichever one gets it, can do the modification of bail and place Ms. Conley in rehab.”

According to the criminal complaint filed by Elbon, on Sept. 29, Elbon was responding to a possible overdose at a residence on Cravens Run Road.

Upon Elbon’s arrival, he heard a female voice call out, the complaint states. Conley allegedly came up to Elbon’s passenger front door with a dog and stated “up here, up here,” while pointing at the next residence. Conley then allegedly entered Elbon’s cruiser and Elbon began to drive forward.

Elbon writes in the complaint that, as he started driving, Conley allegedly “took both hands,” reached across the cruiser and grabbed his holstered sidearm “attempting to remove it and disarm” Elbon.

Elbon wrote that he then struck Conley in the face before stopping the cruiser and ensuring his firearm was still holstered.

According to the complaint, Elbon stepped out of the vehicle and “took Conley at gunpoint” while giving her commands to get out of the cruiser so he could detain her. Conley then allegedly attempted to “destroy various items” in Elbon’s cruiser. Conley also allegedly grabbed the vehicle’s radio and attempted “to call out for help.” 

Elbon writes in the complaint that he unholstered his taser and told Conley she would be tased if she did not comply. Conley then allegedly “came across (the) cruiser” and attempted to swing and kick at Elbon. Elbon states that he tased Conley “where it had full effect.”

Conley was told multiple times to stop moving, the complaint states. As Elbon waited for backup, Conley allegedly continued to grab at various items in the vehicle in an attempt to “destroy them.” Elbon writes that he tased Conley a second time.

Conley allegedly “continued to disobey” Elbon’s commands while still grabbing at items in the vehicle, including the radio again, the complaint states. Elbon writes that he then tased her a third time.

When EMS arrived on the scene, they attempted to assist in removing Conley from the vehicle and put her on the ground, the complaint states. Elbon then attempted to place Conley in handcuffs while informing Conley if she continued to resist, she would be tased again. One of Conley’s hands was placed in handcuffs as she allegedly continued to resist.

According to the complaint, Elbon writes that Conley was then “drive-stunned in the back until compliance was met.” Officers attempted to put Conley into Elbon’s vehicle, but she allegedly continued to resist and was placed back on the ground.

Conley was taken by ambulance to Davis Medical Center for further evaluation, the complaint states.