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ELKINS -- The case against a Randolph County man accused of allegedly setting fire to a residence on Misty Mountain Road will be brought before the Grand Jury after he waived his right to a preliminary hearing.
Charles Olen Wyatt, 29, waived his right to a preliminary hearing in Randolph Magistrate Court last week, clearing the way for his case to be considered by the Randolph County Grand Jury.
Wyatt is charged with burning first-degree arson, a felony. He is currently being held at the Tygart Valley Regional Jail on a $30,000 cash-only bond set by Randolph County Magistrate Tracy Harper.
Before Wyatt waived his right to a preliminary hearing, his attorney, Gregory Tingler, asked Randolph County Magistrate Benjamin Shepler to modify the form of Wyatt's bond.
Tingler argued that the incident appeared more accidental in nature as the burned structure appeared to be an abandoned building and there was no sign of incendiary fluid or other arson "paraphernalia."
"In fact, two other issues, Mr. Wyatt remained at the scene... (Wyatt) sustained injuries as a result of this incident," Tingler told the court. "So these things are more indicative, I believe, of some type of accidental event. Again, it happened at the end of November. It was cold. Mr. Wyatt was drinking, I believe."
Tingler also noted that it was alleged that Wyatt at one point exclaimed, "I burned that mother****er to the ground." Tinger told the court that the statement could be interpreted differently with context.
"You could read that two ways," Tingler said. "The complaint doesn't indicate anything vindictive about this. No grudge. (Wyatt's) not a beneficiary to any insurance policy, so that could be more of a statement like, 'Holy crap I burned this mfer to the ground," than 'I'm vindictive and mean, that's why I did it.' I think that has to be taken into consideration because if it's read in isolation, it looks worse than it is."
Assistant Randolph County Prosecutor Leckta Poling said the state was opposed to modifying the form of Wyatt's bond, arguing that there was reason to believe that Wyatt had a vendetta against the owners of the burned building due to a relation through extended family. Poling stated that there was also reason to believe that Wyatt did use an accelerant to start the fire and that was what caused his injuries.
"State does believe there needs to be some provisions added to the bond," Poling told the court. "That (Wyatt) have no contact with (the victims) and that he not be on any of their properties. They've had problems with him at their residence that they actually reside at in the past, and (the state) would ask that that be added as a condition of bond."
Shepler denied Tingler's request to modify the form of Wyatt's bond and approved Poling's request for more provisions to be added if Wyatt were to make bond.
According to the criminal complaint, filed by Trooper H. J. Bonetti with the West Virginia State Police, on Nov. 29, Bonetti was dispatched to a "suspicious fire" located on Misty Mountain Road in Belington, Randolph County. Upon arrival, Bonetti observed an active structure fire.
Bonetti writes that Brad Miller with the Barbour County Sheriff's Office obtained a Forward Looking Infrared (FLIR) camera. As Bonetti and Miller walked past a structure near a wooded hillside, Miller observed a "white in color object" moving on the FLIR. Bonetti turned on his flashlight and allegedly witnessed Wyatt "wearing jeans, a camouflage jacket and a black bookbag."
Wyatt was then allegedly observed running up the hillside, the complaint states. Bonetti proceeded to pursue Wyatt, who allegedly resisted arrest. After placing Wyatt under arrest, Bonetti observed burns on Wyatt's body. Emergency medical technicians also noted wounds on Wyatt, advising that he had burns to his left leg and right forearm.
The Barbour County Sheriff's Office deputies advised that three witnesses allegedly observed a blue bicycle in front of the residence "a short time before the fire began," the complaint states.
According to the complaint, Barbour County Sheriff's Office Deputy A. Williams advised that Wyatt had allegedly excitedly uttered, "I burned that mother****er to the ground."