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ELKINS - A Randolph County man is facing a felony charge after allegedly being found with drugs while bicycling through Elkins.
Eric Lynn Armstrong, 43, has been charged with prohibited acts – controlled substance, a felony. He is being held in the Tygart Valley Regional Jail on a $10,000 cash-only bond, set by Magistrate Mike Dyer.
According to the criminal complaint, prepared by Patrolman D.T. Sayre of the Elkins City Police, the officer spotted Armstrong riding a bicycle without operating lights near Robert E. Lee Avenue. Sayre "advised Armstrong to stop several times; however, Armstrong became verbally resistant to officers’ commands and stated he was ‘not f_____ stopping.’"
Armstrong eventually stopped when another patrol vehicle arrived on the scene as backup, the complaint states.
"Armstrong failed in complying with orders given by police and was ultimately escorted to the ground," according to the complaint. Armstrong "proceeded to place his hands near his waistband, prompting officers to be on alert for the potential of a weapon being present."
Sayre wrote that he "proceeded to strike Armstrong multiple times as commands were given to stop resisting police," adding that "Armstrong was eventually placed into restraints and escorted upright."
On Armstrong, Sayre discovered a silver pocketknife, and a key chain with two pill containers with "what appeared to be residue of methamphetamine and heroin (fentanyl)," the complaint states.
Armstrong also had 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," according to the complaint.
The black bag also contained "small cups consistent with measuring substances concealed within," the complaint stated. Armstrong’s backpack allegedly contained a digital scale that "appeared to have residue from the weighing of controlled substances, as well as a metal pan that stated ‘truweight’ consistent with the weighing of controlled substances for the possession with intent to deliver."
Armstrong was transported to Davis Medical Center, as per his request, and then evaluated and released, according to the complaint. He was later transported to the regional jail.
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.