Talkington

ELKINS — Probable cause was found this week in the case of a Montrose man accused of allegedly attempting to stop a shooting victim from escaping his shooter.

Larry Brian Talkington, 63, is charged with one count of principle in second-degree attempted murder or accessory before the fact, a felony. He is currently being held at the Tygart Valley Regional Jail on a $150,000 cash-only bond, issued by Randolph County Magistrate Michael Dyer.

Probable cause was found during a preliminary hearing in Randolph County Magistrate Court on Wednesday, moving the case forward to be considered by ta Randolph County grand jury. Talkington allegedly attempted to keep Brett Lee Arbogast from fleeing a Montrose residence after he was shot several times by his brother, Derek Justin Arbogast.

Earlier this week, on Monday, probable cause was found against Derek Arbogast, who is charged with one count of first-degree attempted murder, a felony. He is currently being held at the Tygart Valley Regional Jail on a $150,000 cash-only bond, issued by Randolph County Magistrate Michael Dyer.

At the start of Talkington’s hearing, Assistant Randolph County Prosecutor Leckta Poling called Brett Arbogast to testify before the court. Brett Arbogast, who had testified against his brother on Monday, appeared in court with a cast on his right hand and several marks on his head.

In his testimony, Brett Arbogast once again recounted the events of the night of Feb. 12. He told the court that he had just returned to the Montrose residence he shared with Derek Arbogast, their sister, his girlfriend and Talkington when the incident occurred. Brett Arbogast said he had handed his brother a bag of items. Derek Arbogast handed the bag to Talkington and then gave Brett Arbogast “a stare.”

Brett Arbogast said he then asked Derek Arbogast, “What?” to which Derek Arbogast allegedly responded, “You know what,” while pulling a .22 caliber revolver out of his pocket and shooting Brett Arbogast “right between the eyes.” Brett Arbogast told the court he was then shot a second time in the head.

The court was then informed by Brett Arbogast that a struggle ensued between him and his brother. As Brett Arbogast was trying to get the gun away from Derek Arbogast, he was shot again, this time in the right hand. 

Brett Arbogast said he then tried to leave the residence, but Talkington grabbed him with both hands and tried to pull him back into the residence. Brett Arbogast said he was able to get loose from Talkington’s grasp and go out the door.

After making it outside, Brett Arbogast said that Derek Arbogast followed him out of the house and shot him two more times after he fell, once in the upper left arm and once in the back of the head. Brett Arbogast told the court he then ran away and had a cousin drive him to the hospital.

Poling asked Brett Arbogast if Talkington had said anything or been involved in the scuffle after the first two shots. Brett Arbogast said no. She also asked if Talkington had called 911, to which Brett Arbogast said no.

Brett Arbogast said Talkington, Derek Arbogast and his sister had been “up for a week smoking meth” prior to the incident on Feb. 12.

In cross-examination, Talkington’s attorney, Paul Gwaltney, questioned whether Brett Arbogast knew if Talkington had handed the gun to Derek Arbogast. Brett Arbogast said his brother had pulled the gun from his pocket.

Throughout the cross-examination, Brett Arbogast repeatedly stated that, while Talkington had not successfully dragged him back into the residence, Talkington had still attempted to do so. He also stated that, while he had argued with Talkington in the past, there had never been any physical altercation between them prior to the Feb. 12 incident.

The court also heard testimony from West Virginia State Police Trooper R.S. Musgrave from the Parsons detachment, and Trooper H.J. Bonetti with the Elkins detachment.

During his testimony, Musgrave said when he arrived at the scene of the shooting on Feb. 12, he was approached by a cousin of the Arbogasts who had driven Brett Arbogast to meet the ambulance.

Musgrave said the cousin told him that Brett Arbogast had said Talkington grabbed him when he tried to leave the residence. The cousin also stated that Brett Arbogast had said Talkington had told Derek Arbogast to keep shooting at him.

Musgrave also told the court that he had heard a similar report from Senior Trooper Anthony Petrella with the Elkins detachment, who had ridden in the ambulance with Brett Arbogast.

Musgrave said that, when he spoke to Talkington, he noticed a bloody hand print on Talkington’s left shin. Talkington told Musgrave he had no recollection of how the handprint got onto his shin as “a lot was happening.” Musgrave later took a swab of the blood on Talkington’s leg.

Musgrave told the court that after receiving Talkington’s ID, he was made aware that there was a warrant out for Talkington in Barbour County. He then placed Talkington under arrest.

When Musgrave asked Talkington about grabbing Brett Arbogast when Brett Arbogast tried to leave the residence, Talkington allegedly denied that happened. Musgrave also told the court that he had been informed by another officer that Talkington had allegedly changed his clothes before Musgrave spoke with him.

In Bonetti’s testimony, he said he had spoken to Brett Arbogast’s girlfriend, who stated she saw Talkington try and grab Brett Arbogast during both the struggle with Derek Arbogast, and when Brett Arbogast tried to leave the residence. Bonetti said he thought Brett Arbogast’s girlfriend had entered the residence behind him and would have had a clear view of the incident from the front door.

During cross-examination, Gwaltney also raised questions about whether Talkington could have been confused during the incident on Feb. 12 due to the loud gunshots and physical fighting in a small proximity.

Gwaltney also asked Bonetti if there was any evidence of Talkington participating in each individual shot fired at Brett Arbogast. While Bonetti stated there was no evidence of Talkington participating in the firing of the first three gunshots, he was adamant that Talkington’s alleged actions in attempting to keep Brett Arbogast in the residence played a role in the subsequent fourth and fifth gunshots.

In closing statements, Gwaltney argued that the state had failed to prove that Talkington had been an accessory in the shooting before the fact, as none of the evidence showed Talkington assisting in the act, such as giving Derek Arbogast the gun or the bullets used. He also argued that nothing had allegedly occurred between Talkington and Brett Arbogast in this incident until two gunshots had already been fired. Gwaltney also claimed that his client was confused when the incident occurred due to the loud gunshots and close proximity of the space.

Poling argued that Talkington could not have been confused if he had tried to stop Brett Arbogast at the front door from leaving the residence, but allowed Derek Arbogast to leave and follow Brett Arbogast outside, which led to two more bullets being fired into Brett Arbogast’s arm and head. She also stated that there were five separate attempts on Brett Arbogast’s life, one with each shot fired.