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Upshur man accused of obstructing officer

BUCKHANNON — The Upshur County man who was arrested in May after allegedly making threats against Hodgesville Elementary School students was arrested again this month after allegedly violating his home confinement by deleting his browser history, accessing Discord and creating a TikTok account under the name of a police officer, police said.

Andrew Devon Hitt, 25, is charged with obstructing an officer, a misdemeanor. He is currently being held at the Tygart Valley Regional Jail on a $100,000 cash-only bond.

According to the criminal complaint filed by Lieutenant Theron Cayor, on Dec. 1, the Upshur County Home Confinement Supervisor D. Long and Chief Deputy D. Sears conducted a home confinement check on Hitt at his residence in Buckhannon.

During the check, Long performed a “routine inspection” of Hitt’s computer and cellphone, the complaint states. Long allegedly observed that both devices had their browser history cleared. When Hitt was asked about this, he allegedly stated that he had the browsers on the devices “set to automatically clear after every use.”

Long also allegedly observed indications that Hitt’s phone had recently logged into the cross-platform communication app Discord, the complaint states. Hitt had allegedly advised Long that he “no longer had Discord” during a previous home confinement check.

During a search of the computer, Long allegedly found screenshots from the social media site TikTok that were saved onto the computer on Nov. 28, the complaint states. When Long asked Hitt if he had a TikTok account, Hitt allegedly said he had created an account “a day or two ago.” Long instructed Hitt to log on to the account, and while Hitt did allegedly attempt to log on, he told Long that he was unable to.

Using open-source media, Long was able to locate the account on TikTok under the username: @gaysoftabor, the complaint states. The account was allegedly put under the name of Sgt. Anthony Rivera and contains four videos that were posted on Nov. 30. According to Long, Rivera has been a “previous target of online harassment” by Hitt.

“(Hitt) used names that were not his and advanced technology in web browsers to conceal his online activity and prevent the Home Confinement Supervisor (from) monitoring his online activity,” Long wrote in the complaint against Hitt.

In a statement released on Dec. 1 regarding Hitt’s arrest, the Upshur County Sheriff’s Office stated that these actions violated the rules of Hitt’s home confinement.

“After conferring with the prosecuting attorney on the violations and noncompliance of Mr. Hitt, it was decided to charge Hitt with obstructing an officer (misdemeanor) and file a home confinement violation,” the statement from the Upshur County Sheriff’s Office reads.

The arrest came two weeks after a new full-time Upshur County Sheriff’s Office deputy was assigned as a PRO officer at Hodgesville Elementary School, after the community raised concerns about Hitt being released from jail as part of a deferred adjudication agreement.

Hitt allegedly made threats against his parents and against students at Hodgesville Elementary in May.

In a statement released on Nov. 18, the Upshur County Sheriff’s Office announced that, “after much thought,” the office and other Upshur County officials had decided to assign a new full-time deputy PRO officer at Hodgesville Elementary. The officer will be in the school until January 2026.

“We feel that there is an obligation to protect the children and staff in the school,” the Sheriff’s Office statement read on Nov. 18. “This placement will allow the other elementary PRO Officer to be at the other elementary schools in the county. This increase in monitoring will also give the Upshur County Board of Education a chance to plan how they will move forward after the Christmas break.”

According to circuit court records, on Nov. 4, Hitt entered into a deferred adjudication agreement in Upshur County Circuit Court. Upshur County Circuit Court Judge Jacob E. Reger accepted the deferred adjudication agreement. According to West Virginia State Code, this means the court deferred accepting Hitt’s guilty plea and deferred on entering a final judgement, releasing Hitt “upon such terms and conditions as the court deems just and necessary.”

Because the crime Hitt was accused of is a felony, West Virginia State Code states that the court may “defer adjudication for a period not to exceed three years.” This meant if Hitt complied with the conditions placed by the court for the three years, he could withdraw his plea of guilty and the charges against him could be dismissed. It was also possible that, after the three years, Hitt could be able to enter a plea of guilty or no contest to a lesser offense.

Hitt was initially indicted on two counts of threats of terroristic acts, a felony, by the Upshur County Grand Jury in September.

According to the criminal complaint filed by Cpl. Samuel W. Shahan with the West Virginia State Police, on May 5, Shahan received screenshots from an FBI agency in Florida that showed messages sent through Discord by the screen name “Chicken Jockey SMD Scott.”

In the messages, the complaint states that the sender wrote, “I could even kill my parents and smear their blood all over the walls,” “I live near a school” and “I have had thoughts of how easy it would be to snipe those kids off one by one from my yard.”

On May 6, the FBI informed Shahan that the messages had been sent over Discord by the user biggie1._42404# and that they believed Hitt was the owner of the account, the complaint states.

Shahan said in the complaint that he spoke with Hitt on May 6 and, after being read his rights, Hitt confirmed that the account belonged to him and acknowledged that he had sent those messages.

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