Gates

ELKINS — A Randolph County man faces felony and misdemeanor charges after allegedly stealing three rifles and selling two of them.

Dakota Austin Gates, 23, is charged with one count of felony receiving or transferring stolen goods and two counts of misdemeanor receiving or transferring stolen goods.

According to the criminal complaint, filed by Trooper T.E. Workman with the West Virginia State Police, on Nov. 3, a male subject, who allegedly identified himself as Gates, entered Rich Mountain Trading and Pawn with a Remington 760 rifle chambered in a .35 Remington.

Gates allegedly spoke with the store manager about selling the rifle, the complaint states. The rifle was sold to Rich Mountain Trading and Pawn for $200 with an estimated value of $1,000.

On Dec. 20, the alleged victim entered the same store and stated that he believed Gates had sold some of his rifles without his consent, the complaint states.

The alleged victim then gave the stolen rifles’ serial numbers. Two of the rifles, the Remington 760 rifle chambered in a 35 Remington and a Marlin 336w, were found to have been allegedly sold to Rich Mountain Trading and Pawn by Gates. A third rifle was also allegedly brought into the store by Gates, but was not sold to them.

On Jan. 6, a preliminary hearing for the felony charge and two bond modification hearings were held in Randolph County Magistrate Court. Gates, represented by attorney Gregory Tingler, waived the timeframe for the preliminary hearing, pushing it back to a later date.

During the bond modification hearings, Tingler argued that, because of Gates’ young age and “no criminal history,” it wouldn’t do Gates or society any good to keep him in jail “pending some kind of resolution.” Tingler also stated that Gates was not a flight risk and the crime itself was a property crime involving a “small amount” of money.

Tingler asked that the bonds for the charges be modified from cash-only to personal recognizance (PR) bonds.

Assistant Randolph County Prosecutor Leckta Poling countered that Gates did have some criminal history, although it appears to be “relatively minor.” She said the state objected to changing the bonds to PR bonds as there was still a stolen firearm, an AR-15, that is unaccounted for. Poling explained it is believed that Gates allegedly stole the AR-15 as well from the alleged victim, but did not pawn it with the other two.

Randolph County Magistrate Court Judge Michael Dyer decided to modify the bonds for the misdemeanors from cash-only to 10% cash and 90% PR. He denied the motion to modify the bond for the felony charge.

Gates was initially being held at the Tygart Valley Regional Jail on a $1,000 cash-only bond for the felony charge and on two separate $725 cash-only bonds for the misdemeanor charges. Gates has since posted bond after the bond modification for the misdemeanor charges.