Upshur man facing felony DUI charge
Heater
BUCKHANNON — An Upshur County man faces a felony charge after being recognized as a parole violator by a Sheriff’s deputy.
James David Heater, 44, is charged with one count of driving with a license revoked for DUI 3rd or subsequent, a felony.
Heater is currently being held at the Tygart Valley Regional Jail on a $10,000 surety/cash bond. According to jail records, he is also being held with no bond on several felony and misdemeanor charges in Upshur County from 2022 and 2023. Heater is also being held as a parole violator with no bond.
According to the criminal complaint filed by Sgt. Tyler A. Gordon with the Upshur County Sheriff’s Office, on March 19, Gordon allegedly observed Heater’s vehicle traveling west on the Old Elkins Road in Buckhannon. The vehicle then turned into Saffle’s Goodies on Island Avenue.
After dropping off an unrelated subject to the Upshur County Sheriff’s Office, Gordon returned to the area where he originally saw the vehicle in an attempt to apprehend Heater, the complaint states. Gordon writes that Heater was wanted by the parole office and had been entered into the National Crime Information Center (NCIC).
Gordon then observed the vehicle parked at Cook’s Tobacco & More on Island Avenue, the complaint states. Heater was allegedly in the driver’s seat and subsequently turned the vehicle off and stepped out when Gordon approached. Heater reportedly said he believed his license was valid at that time.
According to the complaint, Heater’s license had been revoked for “several active DUI revocations.” Heater also allegedly has numerous convictions for driving with a license revoked for DUI. The two most recent convictions were in 2016 and 2011 in Upshur County, with “numerous others being dismissed.”
A preliminary hearing for Heater has been scheduled for March 30 in Upshur County Magistrate Court.




