Trending
ELKINS – Probable cause was found in the case of a Randolph County man who was allegedly found with drugs while bicycling through Elkins.
Eric Lynn Armstrong, 43, has been charged with possession with intent to deliver fentanyl, a felony. He is being held in the Tygart Valley Regional Jail on a $10,000 cash-only bond, set by Magistrate Mike Dyer.
On Wednesday, Armstrong appeared in Randolph County Magistrate Court for a preliminary hearing. He was represented by attorney Gregory Tingler, while the state was represented by Assistant Prosecutor Leckta Poling. Dyer presided over the hearing and found probable cause in the case, which will now be brought before a Randolph County grand jury for consideration.
At the beginning of the hearing, Poling called Patrolman D.T. Sayre of the Elkins City Police to testify before the court. Sayre is the arresting officer in this case.
Sayre told the court that he was conducting a patrol late at night when he observed four individuals, including Armstrong, on Robert E. Lee Avenue. The four people went separate ways when they observed Sayre’s vehicle. Sayre then spotted Armstrong riding a bicycle and attempted to make contact. Sayre said Armstrong jumped off the bike and ignored orders to stop, instead slowly walking his bike onto Washington Avenue.
Armstrong eventually stopped when another patrol vehicle arrived on the scene as backup, and a struggle ensued until Armstrong was placed in hand restraints, Sayre told the court. While searching Armstrong’s person, Sayre said he found a black container, “almost like a box,” that contained a “powdery substance consistent with fentanyl” and a “crystalline substance consistent with methamphetamine.” There were two small packages of the possible fentanyl and one small package of the possible methamphetamine. Sayre explained that while the weight of the amount of drugs found on Armstrong had yet to be determined by the West Virginia State Police Crime Lab, he estimated that the amount of possible fentanyl found was around one and half to three grams.
Sayre also said Armstrong made several “derogatory comments” toward Sayre during his arrest. Also found on Armstrong’s person was a black bag which contained multiple empty baggies; a baggie and a folded cardboard package which both contained a powdery substance consistent with fentanyl; and a baggie containing a crystalline substance consistent with methamphetamine. Sayre said he also found a digital scale that appeared to have similar residue on it, as well as a metal pan that stated “truweight.”
During his testimony, Armstrong stated that Sayre had repeatedly said the substances were for his personal use, but Sayre also noted Armstrong did not have a prescription or legal reason to have those substances.
In cross-examination, Tingler questioned why Sayre was suspicious of Armstrong and the three other individuals he saw on Robert E. Lee Avenue. Sayre said the time of night, around 2 a.m., was suspicious, and the four individuals were near a known drug house. In later testimony, Sayre confirmed that he knew all four individuals due to their history with drugs.
Tingler argued that being near a drug house did not mean they were associated with it, and questioned whether Armstrong ran away from police or not. Sayre said that Armstrong ignored orders and moved away from him, but after being asked to clarify whether Armstrong physically ran or not, Sayre said he did not.
When Tingler questioned if the amount of possible fentanyl was common for personal use, Armstrong said it depended on the person’s tolerance with the substance, but that fentanyl is usually sold by a tenth of a gram, so the amount Armstrong had was suspicious. Sayre also said that Armstrong possibly had under $200 on his person. Tingler then asked if Sayre was suspicious of Armstrong due to past interactions with him. Sayre initially said no, but then said that was why he stopped Armstrong.
In a series of follow-up questions, Poling asked if patrolling the city for suspicious activity late at night was part of his job as a patrolman. Sayre said yes. She then asked if the four individuals were near any open business that could justify why they were gathered. Sayre said they were two blocks away from the Speedway gas station on Harrison Avenue. Poling asked if the items found on Armstrong indicated intent to deliver controlled substances, to which Sayre said yes.
Tingler, during his follow-up, asked if Elkins had a curfew. Sayre said it did not. Tingler then asked again about the amount of possible fentanyl found, questioning if it could have been for personal use. Sayre said the amount he found on Armstrong could be fatal if ingested at once. Tingler also questioned if it was possible that the scale was for personal use to ensure safe consumption, but Sayre said that was unlikely.
Poling asked the court to find probable cause based on the testimony given by Armstrong. Tingler argued that probable cause could not be found as the evidence against Armstrong was “insufficient” and supported a charge involving personal use of illegal substances, but not a possession with intent to deliver charges.
After Dyer found there was probable cause, Tingler made a motion for the court to modify the form of Armstrong’s bond from a cash-only bond to a 10% cash bond. He argued that the bond as set was “excessive” and Armstrong was not a flight risk. Poling argued against the motion, countering that, based on the substances involved in the case, the state was concerned about public safety. Dyer agreed with Poling, stating that anyone selling fentanyl is a danger to the community. He denied the defense’s motion and kept the bond as previous set.
In January, Armstrong plead guilty by way of Alford plea to one count of attempted delivery of a controlled substance, a felony. After he entered the plea, Randolph County Circuit Court Judge David Wilmoth sentenced Armstrong in January to no less than one, and no more than three years in prison.