Collins

ELKINS — The case of an Elkins man accused of stealing property from a residence on Country Club Road was dismissed this week in Randolph County Magistrate Court.

Eddie Ray Collins, 34, had been charged with one count of entry of a building other than dwelling, a felony. The charge against Collins was dismissed during a preliminary hearing on Wednesday after Magistrate Michael Dyer found there was no probable cause that Collins had actually entered the building in question.

Collins was accused of entering into a secondary residence on Country Club Road on Feb. 28 and stealing property from the building’s owner.

At the hearing’s start, Collin’s attorney, Morris Davis, asked the court to modify Collin’s bond from a $10,000 10% cash bond to a $5,000 property/surety bond.

Davis argued that Collins had close ties to the community and had no history of fleeing.

Assistant Randolph County Prosecutor Leckta Poling argued against the modification, stating that the state believed bond was sufficiently set. Dyer then stated that while he usually waits until the end of the hearing to rule on bond, he would deny the bond modification motion before testimony began.

For the state’s first witness, Poling called Jason Collins, Eddie Collins’ brother, to testify. According to the criminal complaint filed by Trooper T.E. Workman with the West Virginia State Police, the alleged victim said that a relative of Eddie Collins had identified him as the theft suspect in trail camera photos after seeing the image posted on Facebook.

Jason Collins told the court that he had seen a post on Facebook asking if anyone could identify a person in the attached photos. Jason Collins said he told the original poster that he recognized the person in the picture was his brother, as well as that the vehicle in the photos was his brother’s Jeep. The original poster then reached out to the State Police.

Jason Collins stated that while he has not spoken to his brother in approximately three years, he knew the man in the photos was Eddie Collins, and he had seen him in his Jeep just days prior to the theft incident.

During cross-examination, Davis questioned whether or not Jason Collins was testifying against Eddie Collins due to any hate or resentment from past incidents. Jason Collins repeatedly stated that he only hated his brother’s drug addiction, which he said was the reason behind his brother’s actions.

Poling then called Workman to testify before the court. Workman told the court that, on Feb. 28, he was informed of a burglary/trespassing call that occurred at a residence on Country Club Road. Workman explained that the residence was in a “disheveled state,” was not actively lived in and did not have working utilities, so he could not charge anyone with burglary.

When asked what was taken from the building, Workman explained that he had only been informed that a recurve bow belonging to the property owner was missing. He also stated that the recurve bow has yet to be recovered.

Workman stated that he was given images from a trail camera that showed the suspect at the residence, as mentioned the conversation between Jason Collins and the original poster on Facebook, which identified Eddie Collins as the suspect in the photos. He also explained that a neighbor who cared for the property had seen the Jeep leave the residence prior to Feb. 28.

While being arrested, Eddie Collins reportedly told Workman that he had not been to the property, Workman said, adding that the recurve bow was not recovered during a consensual search of Eddie Collins’ parent’s residence, but noting he did find the trailer seen in the trail camera photos.

During cross-examination, Davis raised questions about how there were photos of Eddie Collins pulling up to the building, but not of him actually entering the building or carrying the missing bow. He asked Workman how often the trail camera took photos; however, Workman said he did not know as it was not his camera.

Davis also asked Workman if it was feasible for someone else to have taken the recurve bow given the unsecured state of the residence. Workman said it was possible, but that a Jeep with a trailer was seen twice at residence. Davis also asked if there was any forensic evidence or pictures of Eddie Collins entering the residence, to which Workman said there was not.

In closing arguments, Poling said the state had proved probable cause due to photo evidence showing Eddie Collins had been on the property around the time the theft of the bow was reported.

Davis argued that probable cause had not been met as it could not definitively be said what property was in the residence due to the state the building was in. He also said the state did not have a photo of Eddie Collins carrying the recurve bow out of the residence, much less one of him entering the residence in the first place.

Poling said in rebuttal that the angle at which Eddie Collins parked his Jeep in the photos made it hard for the trail camera to capture the entire scene.

Before dismissing the charges, Dyer stated that the key to this crime was entry into a building, but based on Workman’s testimony, there was not any evidence that Eddie Collins entered the building. Dyer also noted that there was no real idea as to when the recurve bow went missing.