Gibson

ELKINS – The case of a Randolph County man accused of allegedly striking the Elkins Walmart with his vehicle, breaking into the store after hours and then breaking into his mother’s house will be brought before the grand jury after he waived his right to a preliminary hearing on Wednesday.

Justin Ryan Gibson, 40, is charged with one count of burglary, one count of breaking and entering non-residence and two counts of willful and intentional removal, injury to or destruction of property loss of $2500 or more, all felonies. He is currently being held at the Tygart Valley Regional Jail on a $50,000 cash-only bond.

On Wednesday, Gibson appeared in Randolph County Magistrate Court with attorney Gregory Tingler, waiving his right to a preliminary hearing. His case will now be moved forward to be considered by a Randolph County grand jury.

Before Gibson waived his right to the hearing, Tingler asked Magistrate Tracy Harper to modify Gibson’s bond from a $50,000 cash-only bond to a $10,000 cash, $40,000 property/surety bond.

Tingler explained that he has known his client since Gibson was a child and that the events that occurred on Feb. 17 were the result of psychological issues. Tingler stated that Gibson had been receiving treatment for these issues since December and that there was no risk of Gibson fleeing the area, as he is a local resident.

Assistant Prosecutor Leckta Poling argued against the bond modification, citing the evidence that Gibson had allegedly tried to steal a firearm from Walmart made him a possible threat to the community. She also stated there was no guarantee that Gibson would not flee if let out on bond.

Harper denied the request for a bond modification.

According to the criminal complaint, filed by Deputy A.G. Vanscoy with the Randolph County Sheriff’s Office, on Feb. 17 at approximately 1:18 a.m., Vanscoy responded to a hit and run complaint at the Walmart in Elkins.

Vanscoy was advised that a vehicle had struck the Walmart and the driver had left the scene, the complaint states. Walmart employees informed Vanscoy of the vehicle’s license plate number, which allegedly came back as belonging to Gibson.

Prior to arriving at Walmart, Vanscoy was advised that Gibson’s mother, Pamela Boyer, had called 911 and allegedly said Gibson had struck her residence with his vehicle and had broken into the home. 911 advised Vanscoy that Boyer was locked in a bathroom, and Gibson could allegedly be heard yelling in the background of the phone call.

Upon arrival at Boyer’s residence, officers entered and allegedly observed Gibson in a bedroom adjacent from the bathroom Boyer was in, the complaint states. Gibson then reportedly began shouting at police to leave the residence while pointing a knife at them. Gibson was also allegedly beating on the bathroom door, demanding that Boyer give him a firearm.

According to the complaint, Gibson allegedly “refused multiple commands to surrender” the knife and he was subsequently tased by Cpl. B. Roy on two occasions. After additional commands were given to surrender the knife, Gibson complied and was taken into custody.

Vanscoy writes in the complaint that he did observe windows in Boyer’s residence to be broken and “a large area of damage” to the side of the home, as well as a damaged vehicle parked nearby. Boyer informed police that Gibson allegedly did this damage when he arrived at the residence. Vanscoy writes that the estimated damage to the property exceeds $2,500.

Video surveillance from the incident at Walmart indicated that Gibson had allegedly entered the business and failed to open a firearm display case, the complaint states. Gibson then allegedly took a tire iron and broke the glass of the case to gain access to the firearms. He reportedly attempted to remove “a long gun,” but failed to do so.

Footage also allegedly shows Gibson riding a children’s bicycle to exit the store through the cart storage area, the complaint states. Walmart employees told police that Gibson had allegedly struck the garage door to the cart storage area with his vehicle in order to gain entry into the store. Vanscoy writes that the estimated damage to the property exceeds $2,500.