Daff

ELKINS — A Randolph County man accused of stealing a purse – that held more than $1,000 in cash – from a customer at Walmart has waived his right to a preliminary hearing and received a reduction in his bond.

Brandon Dwayne Daff, 31, appeared in Randolph County Magistrate Court this week and waived his right to a preliminary hearing. Daff is charged with grand larceny, a felony. His case will now be brought before the Randolph County Grand Jury.

After Daff waived his right to a preliminary hearing, his attorney, Gregory Tingler, asked Magistrate Tracy Harper to modify Daff’s bond to cash/property, surety or 10% bond. Daff was originally being held on a $10,000 cash-only bond.

Tingler explained that Daff was the in-home caregiver for his 87-year-old father, and said Daff was not a flight risk or danger to the public due to this.

“This is a nonviolent property crime, and there’s nothing to suggest that my client would go out and commit any other alleged crimes, nor is there any suggestion that he wouldn’t appear at further court hearings,” Tingler told the court. “Given the status of the case, a bond modification, as far as the form, would be appropriate.”

Assistant Randolph County Prosecutor Leckta Poling told the court that the state had no objection to Tingler’s request for a bond modification.

After a moment of consideration, Harper explained that she would modify Daff’s bond to $3,000 cash-only. Harper added that all other terms and conditions of the bond would remain in place, meaning Daff would not be allowed to have contact with the alleged victim, and he would have to check in three times a week with community corrections for a drug and alcohol screening.

According to the criminal complaint filed by Corporal D. R. Wolford Jr. with the West Virginia State Police, on Oct. 22, Wolford was notified of a grand larceny complaint at the Elkins Walmart.

Upon arrival at the scene, Wolford spoke with the alleged victim, who stated she had been shopping and sat down on a bench in the store “near the baby formula,” the complaint states. When the alleged victim stood up and walked away, she accidentally left behind her clutch, with approximately $1,500 in cash inside, “among other items such as her driver’s license and social security card.” The alleged victim later returned to the bench to find that her clutch was gone.

Wolford spoke with Walmart employees who were in the beginning stages of reviewing the video surveillance footage, the complaint states. The employees informed Wolford that the store’s two Asset Protection Associates were not at the store that day and would not be back until Oct. 23.

On Oct. 23, Wolford returned to Walmart and spoke with one of the Asset Protection Associates, who had already begun compiling video surveillance of the incident, the complaint states. The Asset Protection Associate was able to identify Daff as a person of interest, as Daff had been previously caught shoplifting at the Buckhannon Walmart in June 2023.

Wolford writes that the video footage shows the alleged victim sitting down on the bench and “shortly thereafter walks away.” Daff is then allegedly seen walking by the bench, “clearly observing the clutch,” before circling around a store display “to pick up the clutch.”

According to the complaint, “almost simultaneously” as Daff was allegedly picking up the clutch, a Walmart vendor came around the corner and Daff approached them. The Asset Protection Associate told Wolford that the vendor allegedly told Daff to take the clutch to the store’s customer service.

Daff is then allegedly seen walking through the store’s baby section, the complaint states. Then he is allegedly seen walking through the men’s apparel section, through the jewelry section, through the women’s apparel section and then straight to the grocery self-checkout. Wolford writes that Daff allegedly “never goes to customer service.”

Wolford notes in the complaint that Daff is allegedly seen in the footage wearing a hooded sweatshirt that is “loose fitting and freely moving around” prior to and at the time of Daff allegedly finding the clutch. When Daff is checking out at the grocery self-checkout, the hooded sweatshirt is allegedly “clearly sagging towards the front and pulled taut.”

Wolford writes that he obtained a West Virginia DMV driver’s license belonging to Daff which “matches the person in the video surveillance.”

On Oct. 27, Wolford received a letter and back documentation from Citizens Bank of West Virginia that confirmed the alleged victim made a cash withdrawal of $3,000 on Oct. 22, approximately 49 minutes prior to Daff allegedly taking her clutch.