Torowski

BUCKHANNON — An Upshur County man faces multiple felony charges after police allegedly found an incapacitated 91-year-old in his care living among dirt, trash, waste and feces.

David Daniel Torowski, 64, of Buckhannon, is charged with one count of abuse or neglect of an incapacitated adult and six counts of persons prohibited from possessing firearms, both felonies. He is currently being held at the Tygart Valley Regional Jail on a $19,500 surety/cash bond.

According to the criminal complaint, filed by Deputy R.T. Lamb with the Upshur County Sheriff’s Office, on June 30, the Upshur County Communication Center received a 911 call regarding a residence located on Allman Avenue in Buckhannon. The caller said they could hear a female voice yelling “Hey, hey, stop it. Someone call the police” from a neighboring residence.

Upon arrival to the scene, Lamb was advised by Patrolman C. Spotloe with the Buckhannon City Police that he could hear a man and woman arguing through a side window of the residence, the complaint states. After officers announced their presence, the male subject, later identified as Torowski, exited from the rear of the residence.

Lamb then learned of a handgun within a vehicle that Torowski was allegedly “erratically moving towards,” the complaint states. Once aware of the firearm, Lamb asked Torowski about his criminal history, to which Torowski allegedly responded that he had been charged with assault in Ohio. Lamb then attempted to retrieve several additional firearms Torowski possessed inside the residence, where Torowski lived with a 91-year-old woman he was dating, the alleged victim in this case.

Though it was initially difficult to enter the backdoor, which was the only way inside the residence, Lamb made eventual entry, the complaint states. Lamb allegedly observed the home to be filled throughout with “excessive amounts” of trash and waste stacked up to the ceiling. Lamb writes that, inside the residence, he observed “conditions consistent with severe hoarding behavior.” There was also, reportedly, a strong odor of human feces throughout the residence, along with “excessive” dirt, trash and waste.

Lamb writes that the residence was difficult to navigate due to the amount of debris, which included numerous trash bags that contained “liquid and solid” human feces and a large number of empty cardboard beer boxes. Several of the trash bags “burst” when stepped on. It was also determined through the investigation that the home’s septic system was not functioning properly, explaining the odor and feces. There was only a narrow pathway through the home.

During his search for Torowski’s firearms, debris repeatedly feel on Lamb and he observed heavy objects, such as chairs and full hard-case rifle cases, on top of the piles of trash. Lamb writes that he was unable to reach the main living quarters due to the conditions inside. In the kitchen, Lamb observed numerous piles of rotten and moldy food that contained flies and maggots. There was also clothing, trash and waste packed into “nearly every available space between kitchen appliances,” creating what Lamb believed to be a significant fire hazard.

According to the complaint, Lamb observed the alleged victim struggle to maneuver through the residence while officers attempted to retrieve a dog that was also inside the home. The alleged victim reportedly told police that Torowski was her caregiver and that she would be unable to function or live without him, as he provided meals and attended to all of her daily needs. Torowski also stated that he was her primary caregiver and that he had been her romantic partner for more than 30 years.

Due to the alleged victim’s age, apparent inability to provide for herself, difficulty navigating the residence and the overall condition of the home, Lamb determined that the living conditions of the residence created a substantial risk of death, serious or prolonged disfigurement, prolonged impairment of health or prolonged loss or impairment of the function of bodily organs.

At the conclusion of the investigation, it was reportedly determined that Torowski was prohibited from possessing firearms due to being a habitual user of alcohol, the complaint states. Torowski has one prior charge for DUI from 2002 and the Upshur County Sheriff’s office has reportedly dealt with Torowski being in an intoxicated state on “numerous occasions within the past years.” The residence was said to have always had “numerous mounds” of empty beer case boxes on the property and within vehicles, and multiple neighbors reportedly described Torowski as an alcoholic to police.

While in police custody for the June 30 incident, Torowski produced a PBT result of 0.139% after being within custody for over an hour. Torowski allegedly told police that he “wasn’t even intoxicated and felt completely sober.”

Six firearms were recovered from the residence and Torowski allegedly acknowledged that he knew the exact location of each firearm within the home.