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Man facing felony charge in Upshur

BUCKHANNON — A man is facing a felony charge after allegedly entering a Buckhannon business after hours and taking a DeWalt bag.

Brandon Wayne Day, 35, is charged with one count of entering a building other than a dwelling, a felony. Day was being held at the Tygart Valley Regional Jail on a $10,000 property/surety bond that has since been posted.

According to the criminal complaint filed by Deputy D.K. Frazier with the Upshur County Sheriff’s Office, on Jan. 5, Frazier received a complaint concerning a past incident at MAG Industries on Sewer Plant Road in Buckhannon.

On Jan. 9, Frazier reviewed a signed statement from the complainant, the complaint states. The initial investigation revealed that an unidentified suspect had entered MAG Industries’ fenced-in grounds despite the fence having signage that advised people not to trespass. Video footage showed the suspect could then be seen entering an allegedly locked building.

In one piece of video footage, the suspect is seen removing one of the building’s security cameras, the complaint states. The camera and mounting case could not be located by the complainant after the incident occurred.

The suspect could be seen in the video footage leaving the building with a DeWalt canvas bag, the complaint states. After the incident the complainant could not locate a 20 Volt cordless reciprocating saw or the saw’s battery. The estimated value of the items taken is $310.

Also on Jan. 9, Frazier was on patrol when he observed a male subject riding a bicycle on First Street in Buckhannon, the complaint states. Frazier states, as he passed the rider, he could allegedly see that the side male subject’s face resembled the side of the suspect’s face in the video. The rider was also allegedly wearing a backpack that matched the one in the video. His height and build also allegedly matched the suspect’s. Frazier also notes in the complaint that First Street is close to the building on Sewer Plant Road.

Frazier made contact with the male subject, identified as Day, explaining the investigation and that Day was not under arrest, nor did he have to speak to Frazier, the complaint states. Day allegedly advised Frazier that he knew his rights.

Day allegedly told Frazier that, while he did not take the saw, he did take the DeWalt bag, the complaint states. He reportedly explained that he entered the property through a hole in the fence, but stated that the door to the building was open. Day allegedly told Frazier that he did tear the security camera off the wall, but “did not really mean to.” He also allegedly said this is “not something he normally does.”

A preliminary hearing for Day has been scheduled for Feb. 24 in Upshur County Magistrate Court.

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