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PHILIPPI -- A Florida man faces 16 charges after allegedly assaulting and threatening officers during an arrest for driving under the influence.
Leodegario Gutierrez Mejia, 32, of Arcadia, Florida, is charged with four counts of battery on an officer second offense, two counts of threats of terrorist acts and one count of intimidation of and retaliation against public officers.
He is also charged with one count of illegal lane change; one count of failing to signal before stopping or suddenly decreasing speed; one count of DUI impaired state and less than 0.15 BAC; one count of seat belt violation; one count of possession of an open alcoholic beverage container in the passenger are of a motor vehicle; one count of possession of a controlled substance; one count of obstructing during investigation; one count of unlawful removal, injury to or destruction of property; one count of no operator license in possession, all misdemeanors.
Mejia is currently being held at the Tygart Valley Regional Jail on $115,000 cash-only bond.
According to the criminal complaints, filed by Trooper First Class B.S. Stout with the West Virginia State Police Philippi detachment, on July 17, Stout was conducting a routine patrol on U.S. Route 119 in Philippi when he observed a vehicle bearing West Virginia registration abruptly stop in the roadway near the beginning of the designated turning lane leading towards Broaddus Hospital. The vehicle reportedly stopped without providing an apparent signal or warning to other drivers.
Stout activated his emergency lights, and upon activation, the suspect vehicle pulled away from its stopped position and “improperly moved” from the turning lane into the southbound travel lane of U.S. Route 119 “without first ensuring that the lane movement could be completed safely,” the complaint states. The vehicle then turned onto Hickory Corner Road and was slow to respond to this officer’s emergency lights before eventually coming to a stop. Stout then approached the driver’s side of the vehicle and made contact with the driver, identified as Mejia, allegedly detecting the odors of an alcoholic beverage and marijuana emitting from Mejia and the passenger compartment of the vehicle. Stout also reportedly observed that Mejia was not wearing a seat belt.
Stout asked Mejia for his operator’s license, to which Mejia stated he did not know where it was, the complaint states. Mejia then made a phone call on his cellphone and Stout allegedly heard Mejia tell the person he was calling “Come get my truck. I’m going to jail.” Stout asked for the license again, along with vehicle registration and proof of insurance. Mejia provided a valid insurance card, but reiterated that he did not have his license on him.
While Stout was speaking with Mejia, he allegedly observed a partially filled Corona Extra beer bottle sitting in the front passenger seat, the complaint states. Upon Stout instructing Mejia to step out of the vehicle, Mejia reportedly displayed difficulty standing and walking without losing his balance. Stout requested that Deputy Kennedy with the Barbour County Sheriff’s Office conduct Advanced Roadside Impaired Driving Enforcement (ARIDE) tests on Mejia. During the evaluation, Mejia allegedly displayed indicators of impairment.
According to the complaint, Stout advised Mejia that he was under arrest for driving under the influence and attempted to place Mejia in the rear passenger seat of his patrol vehicle. During this, Mejia allegedly admitted that he had smoked marijuana and stated that there may still be some marijuana in his truck. Due to the circumstances and Stout’s alleged admission to possessing marijuana, Stout and Kennedy conducted a probable cause search of Mejia’s vehicle. During the search, Stout and Kennedy reportedly located a second open Corona Extra beer bottle inside the passenger compartment.
As Stout was attempting to place Mejia in the patrol car, Mejia allegedly began pulling away from Stout and resisting efforts to secure him, the complaint states. After being placed in the vehicle, Mejia reportedly became “increasingly aggressive and violent.” He allegedly began intentionally kicking the department-issued equipment in the vehicle, which included Stout’s laptop, radio, microphone and driver’s license scanner. Stout writes that Mejia’s kicking damaged the magnetic microphone attached to the driver’s license scanner, which had an approximate replacement value of $50.
Stout repeatedly instructed Mejia to stop kicking the equipment, the complaint states. When Stout attempted to move the damaged scanner, Mejia allegedly intentionally kicked at Stout and stuck his arm and hand. As Stout tried to secure Mejia’s legs with department-issued restraints, Mejia reportedly continued to kick and knee Stout, striking Stout’s leg, arm, chest area and rib area. After securing Mejia’s legs, Stout attempted to fasten Mejia’s seat belt, but then Mejia allegedly attempted to headbutt Stout.
During the attempted transport to the Barbour County Courthouse, Mejia allegedly began kicking towards Stout once more, striking him again, the complaint states. Because of Mejia’s reportedly “continuing violet behavior,” Stout removed Mejia from his patrol vehicle and placed him into the secured prisoner compartment of Kennedy’s patrol vehicle. Upon arrival at the courthouse, Mejia allegedly continued to behave “aggressively and violently” towards officers. Stout asked Mejia to submit a secondary chemical test of his breath, to which Mejia refused. After waiting 15 minutes, Stout asked again. Mejia allegedly continued to act aggressive and refused again to take the test.
While waiting for the transport vehicle, Mejia allegedly told Stout that, after being released, he was going to locate where Stout lived, go to his home, and “finish you,” the complaint states. Stout instructed Mejia to stop making threats. Mejia reportedly continued to threaten to find where Stout lived, and also allegedly made “vulgar and sexually explicit statement and threats of physical harm” regarding Stout’s wife and mother.
During the transport, Mejia allegedly continued to be aggressive and kick at Stout, the complaint states. When they arrived at Tygart Valley Regional Jail, Mejia reportedly refused to comply with the correctional officer and allegedly attempted to spit on approximately four correctional officers, one nurse, Kennedy and Stout.
Stout writes in the complaint that Mejia reportedly had prior charges in Florida for battery on an officer or first responder.