Former pastor among 23 indicted
ELKINS – A total of 23 people were indicted by the Randolph County Grand Jury on Monday, including a former Elkins pastor and two Montrose men accused of attempted first degree murder.
Kevin Curtis Jones, 34, of Elkins, was indicted on one count of soliciting a minor via computer; one count of distribution and exhibiting of material depicting minors engaged in sexually explicit conduct or computer-generated child pornography; one count of delivery of a controlled substance; and one count of distribution of a hemp-derived cannabinoid product to a person under the age of 21, all felonies.
According to the list of indictments handed down on Monday, Jones’ case will be handled by a special prosecutor.
Jones, who was arrested in October, was the former pastor of the now dissolved Summit Church in Elkins. According to one of the initial criminal complaints filed against Jones, the alleged victim in the case attended Summit Church, “making (Jones) a person of trust over the victim.” The arresting officer wrote in the complaint that he explained to the alleged victim what solicitation of a minor via computer was defined as under West Virginia State Code, and then asked the alleged victim if they thought Jones had solicited them. The alleged victim said, “Yes.”
During a second preliminary hearing for Jones in October, the arresting officer told the court there were several photos of the alleged victim in their underwear and in a swimsuit on a device owned by Jones. The officer stated that directly after the swimsuit photo there was a similar photo of the alleged victim seemingly “exposing” private parts. That photo appeared to have been made using Artificial Intelligence (AI).
Derek Justin Arbogast, 36, of Montrose, was indicted on one count of attempted first degree murder; one count of malicious assault; one count of use or presentation of a firearm during commission of a felony; one count of assault during the commission of a felony; and one count of conspiracy, all felonies.
Derek Arbogast is accused of shooting his brother, Brett Lee Arbogast, multiple times, including once “point blank in the head,” with a .22 caliber revolver during a scuffle at a Montrose residence. According to the criminal complaint, Derek Arbogast allegedly told an officer after the shooting, “I thought one (shot) would do it. I know it was .22, but being that close I thought one (shot) would do it.”
Larry Brian Talkington, 63, of Montrose, was indicted on one count of attempted first degree murder; one count of malicious assault; and one count of conspiracy, all felonies.
Talkington was charged alongside Derek Arbogast as an accomplice in the shooting of Brett Arbogast. According to the complaint against Talkington, Brett Arbogast reportedly stated that he attempted to leave the residence after being shot by Derek Arbogast, but was allegedly dragged back inside by Talkington, who continued to prevent Brett Arbogast from leaving the residence.
Nelson Giovannie Martinez, 44, was indicted on three counts of soliciting a minor via computer; one count of attempted sexual assault in the third degree; eight counts of sexual abuse by a parent, guardian or custodian; two counts of possession of material depicting a minor engaged in sexually explicit conduct; three counts of sexual assault in the third degree, all felonies. Martinez was also indicted on one count of possession of child erotica and four counts of sexual abuse in the third degree, both misdemeanors.
During a preliminary hearing for Martinez in January, the arresting officer testified that he was made aware of the allegations against Martinez after receiving a walk-in complaint from two individuals connected to the alleged victim, who is a minor. The officer was shown screenshots of explicit Snapchat and text conversations that were reportedly between the alleged victim and Martinez.
Jacob Michael Bennett, 20, of Elkins, was indicted on one count of fleeing in a vehicle with reckless indifference, a felony. He was also indicted on one count of reckless driving and one count of fleeing from an officer by any means other than the use of a vehicle, both misdemeanors.
Robert Eugene Cooper, 41, was indicted on one count of burglary; one count of grand larceny; and one count of conspiracy, all felonies.
Franklin Dale Finn, 20, was indicted on one count of burglary; one count of grand larceny; and one count of conspiracy, all felonies.
Timothy Ryan Daniels, 37, was indicted on one count of burglary, a felony. He was also indicted on one count of destruction of property and one count of possession of a controlled substance, both misdemeanors.
Robert Ward Eakin, 66, of Elkins, was indicted on one count of driving while license revoked for DUI, third offense, a felony.
Thomas Jay Finlen, 46, of Mill Creek, was indicted on one count of domestic battery, third or subsequent offense, a felony.
Zachary Brophy Flanagan, 31, of Mabie, was indicted on four counts of shoplifting, third offense, a felony.
John Dale Foster II, 51, was indicted on one count of sexual abuse in the first degree and one count of sexual abuse by a parent, guardian or custodian, both felonies.
Thomas Lyle Griffith, 43, was indicted on one count of fraudulent schemes and one count of conspiracy, both felonies.
Joseph Brian George, 54, of Philippi, was indicted on one count of fraudulent schemes and one count of conspiracy, both felonies.
Randall William Gum, 43, of Mill Creek, was indicted on one count of driving while license revoked for DUI, third offense, a felony. He was also indicted on one count of no proof of insurance, a misdemeanor.
Michelle Lea Hawkins, 29, of Elkins, was indicted on two counts of failure to appear, a felony.
Elwood Lynn Hebb, 51, of Elkins, was indicted on one count of obtaining money, property or services by false pretenses, a felony.
Billy Lee Isenhart, 41, was indicted on three counts of failure to register as a sexual offender or provide notice of registration changes, second or subsequent offense, a felony.
Joseph Richard Muster, 37, was indicted on one count of fleeing in a vehicle with reckless indifference, a felony. He was also indicted on one count of reckless driving, a misdemeanor.
Bradley Neil Parrack, 40, was indicted on two counts of failure to appear, a felony.
Jason Anthony Peyatt, 47, of Valley Bend, was indicted on driving while license revoked for DUI, third offense, a felony.
Charles Olen Wyatt, 29, was indicted on one count of arson in the first degree and one count of destruction of property, both felonies.
Justin Ryan Gibson, 40, of Beverly, was indicted on one count of entry of a building other than a dwelling; one count of burglary; and one count of destruction of property, all felonies. According to the list of indictments handed down on Monday, Gibson’s case will be handled by a special prosecutor.
The fact that a defendant has been charged with a crime is merely an accusation, and all defendants are presumed innocent until and unless proven guilty.






