WARE

BUCKHANNON – An Upshur County man faces charges after police allegedly found more than 50 fentanyl stamps in his vehicle after it was involved in a DUI accident.

James Allen Ware, 42, is charged with one count of possession with intent to deliver, a felony, and one count of driving under the influence of a controlled substance, a misdemeanor. Ware is currently being held at the Tygart Valley Regional Jail on a $51,500 cash-only bond for both charges.

According to the criminal complaint, filed by Patrolman First Class Wade Loudin with the Buckhannon City Police Department, on May 8, Loudin was dispatched to a vehicle crash on North Spring Street in Buckhannon.

Upon arrival, Loudin observed a vehicle with front-end damage sitting in the roadway, the complaint states. Patrolman D. Major made contact with the driver, who was identified as Ware. When Major asked if Ware had anything on him that he shouldn’t have, such as a knife, Ware allegedly proceeded to pull out a set of keys from his pocket with a knife attached. Ware then reportedly put the knife back in his hoodie pocket.

While officers were retrieving the knife from Ware’s hoodie, a blue wax stamp with the imprint of “Smoke Me” allegedly fell from Ware’s pocket, the complaint states. After picking up the stamp, Loudin was reportedly able to confirm the stamp did contain a “white powder substance.”

When Loudin approached the vehicle, he allegedly observed through the open door white packaging containing blue wax stamps with the imprint “Smoke Me” on the floorboard. In the white packaging was reportedly four bundles of blue wax stamps, all with the same “Smoke Me” imprint. Each bundle allegedly contained 10 individual stamps.

After conducting a probable cause search of the vehicle, approximately 55 blue wax “Smoke Me” stamps were located, the complaint states. Each stamp reportedly contained a “white powder substance” that field tested positive as fentanyl.

“Each stamp bag was individually packaged for resale,” Loudin wrote in the complaint. “Based on my training and expertise in narcotics investigations, users commonly purchase fentanyl in individual stamp bags for street discretion. The quantity and packaging recovered are inconsistent with mere personal use and are indicative of possession with intent to deliver.”

According to the criminal complaint filed by Ptlm. Major, also on May 8, Major responded to the vehicle crash on North Spring Street.

Upon arrival, Major spoke with Patrolman C. Spotloe, who advised that he wanted Major to put Ware through the Standardized Field Sobriety Test, along with the Advanced Roadside Impaired Driving Enforcement (ARIDE) Field Sobriety Test, the complaint states. Major then spoke with Ware, who had allegedly hit a parked car on North Spring Street. When Major asked Ware if he had taken or used any narcotics recently, Ware allegedly said yes and that he had used heroin and Xanax.

Ware reportedly admitted to Major that he had used heroin on May 7 and had used the Xanax earlier in the day, the complaint states. During this conversation, Ware allegedly appeared “dazed, confused, disoriented and uncoordinated.” Major then started the ARIDE Field Sobriety Test.

During the tests, Ware reportedly showed signs of impairment. During the Standardized Field Sobriety Test, Ware allegedly stated that the Xanax was causing him to mess up during the walk and turn and the one-leg stand. Based on Major’s observations and “Ware’s signs of impairment,” Major placed Ware under arrest for driving under the influence of a controlled substance.

Ware was evaluated by EMS and transported to St. Joseph’s Hospital for medical treatment, the complaint states. Before he was taken to St. Joesph’s, Ware consented to a blood draw and signed the consent forms after arriving at the hospital. After Ware’s blood was obtained and he was released from the hospital, Ware was taken to the Buckhannon Police Department.

A preliminary hearing for Ware has been scheduled for May 18 in Upshur County Magistrate Court.