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BUCKHANNON -- An Upshur County man faces felony and two misdemeanor charges after allegedly leaving an infant in a vehicle that rolled into an apartment building, as well as driving under the influence.
Xander Gage Rose, 18, is charged with one count of gross neglect of a child creating a substantial risk of death or serious bodily injury, a felony; one count of driving under the influence of alcohol with a minor and one count of underage consumption, both misdemeanors.
Rose is currently being held at the Tygart Valley Regional Jail on a $45,000 cash-only bond for the felony charge and a $4,500 cash-only bond for the misdemeanor charges.
According to the criminal complaint filed by Sgt. W. J. Courtney with the Buckhannon City Police Department, on Dec. 8, officers responded to a report of a vehicle that had "wrecked into an apartment" on Hinkle Drive. Prior to law enforcement's arrival, it was reported that the driver, identified as Rose, had allegedly fled the scene on foot.
Upon arrival, Sgt. T. Posey responded to the scene of the accident while Courtney and Sgt. D. Hissam checked the surrounding area, the complaint states. After Courtney and Hissam received information on Rose's alleged direction of travel, both officers found Rose walking on the roadway. While speaking to Rose, Courtney allegedly detected the odor of an alcoholic beverage on Rose's breath. Rose allegedly admitted to having consumed alcohol and stated that he was "in no condition to drive."
Rose was detained and returned to the scene of the accident for further investigation, the complaint states. After speaking with witnesses, Courtney says it was determined that Rose was allegedly driving with his partner in the front passenger seat and his three month old infant in the back seat. While driving, Rose and his partner allegedly became involved in a "domestic situation."
Rose allegedly pulled into a parking lot on Hinkle Drive and both he and his partner exited the vehicle, the complaint states. The vehicle then "rolled down a slope, while the infant was still inside the vehicle, into the front side of a Hinkle Drive apartment. Rose then allegedly got back into the vehicle and attempted to "back it out," but the wheel kept spinning. Rose allegedly took off from the scene on foot, leaving his partner and the infant.
Courtney writes that he and Hissam transported Rose to a holding cell and had him perform the standardized field sobriety test. Rose's performance in these tests allegedly "indicted impairment." Courtney also writes that Rose failed a preliminary breath test and that, during questioning, Rose allegedly admitted to being under the influence of alcohol and to driving the vehicle. During a secondary chemical test of his breath, Rose allegedly failed with a BAC of 0.094.
"It was also determined that (Rose's) actions created a substantial risk of bodily injury and/or death," Courtney writes in the criminal complaint. "This is due to (Rose) operating the vehicle in an impaired state, leaving the vehicle unattended with the infant inside and failing to place the vehicle in park, which ultimately caused it [to] roll downhill striking a building."