ELKINS — An Elkins man accused of pointing a gun at a 12-year-old child in February received the maximum sentence in Randolph County Circuit Court this week.

Eddie Ray Collins, 33, was sentenced to one year in prison for brandishing a deadly weapon, a misdemeanor, and to six months in prison for assault, a felony. The sentences will run consecutively and Collins will receive credit for time already served.

Randolph County Judge David Wilmoth also ordered that Collins have no contact with the victim and their family indefinitely.

In September, Collins pleaded guilty to one count of assault and one count of brandishing a deadly weapon. He was initially indicted in June 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.

During the hearing, Collins’ attorney, Morris Davis, said Collins was “excited to put this behind him.” 

It was announced during the hearing that Collins waived his right to participate in a pre-sentence report. Randolph County Judge David Wilmoth reminded Collins that, because he did not participate in the report, the court was likely to give him the maximum sentences on both charges.

When asked by Wilmoth if the victim or their family was present to speak, Assistant Randolph County Prosecutor Richard Shryock said no, but added that the family asked him to remind Collins that a protective order against him was still in place.

Before Collins was sentenced, Davis addressed the court, admitting there was “not a lot to say,” but reiterated that Collins had taken responsibility for his actions and was aware of what the court was likely to do in regard to giving Collins the maximum sentence. Wilmoth remarked that it was not what he was “likely” to do, but what he was going to do.

As he began to sentence Collins, Wilmoth made mention of Collins’ reluctance to answer questions and take responsibility during the plea hearing in September.

During that September hearing, Wilmoth asked Collins if he was denying that he pointed the gun at the victim after his account of the incident was contradicted by the factual basis given by the state. 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 during the September hearing.

“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 then 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.

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.