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BUCKHANNON – A man wanted in Upshur County faces felony drug charges after police allegedly found methamphetamine and fentanyl on his person during his arrest.
Joseph Brian Kelley, 34, is charged with one count of possession with intent to deliver methamphetamine and one count of possession with intent to deliver fentanyl, both felonies. He is also separately charged with two counts of possession of methamphetamine, one count of driving under the influence as a habitual drug user and four counts of failure to appear, all misdemeanors. Kelley is currently being held at the Tygart Valley Regional Jail on a $60,000 cash-only bond for all of those charges.
According to the criminal complaints filed by Patrolman Cole Bender with the Buckhannon City Police Department, on Oct. 16, Bender was contacted by an off-duty officer who claimed to have seen Kelley at the Walmart in Buckhannon. Bender knew Kelley was a wanted man.
Bender went to Walmart and arrested Kelley for several active capiases out of Upshur County Magistrate Court, the complaint states. As Bender began taking Kelley away, Walmart employees informed him they had seen Kelley drop a pouch. When Bender retrieved the pouch, he reportedly located several clear plastic baggies with white residue inside of them.
At first, Kelley allegedly denied the pouch was his, but as they left the store, Kelley asked Bender about the charges he would face. Bender replied, “We’ll see what’s in here,” referring to the pouch. Kelley then allegedly said the pouch probably had “a little bit of ice and powdered sugar” inside.
Upon a further search of the pouch, Bender reportedly located a small baggie with a “white crystal-like substance,” the complaint states. That substance reportedly field tested positive for methamphetamine. Also found in the pouch was a small baggie with a “white powdery substance,” which reportedly field-tested positive for fentanyl, and two clear, unused plastic baggies.
When Bender initially made contact with Kelley, Kelley was in the electronic section of Walmart with a few items on the counter that he was attempting to purchase, the complaint states. Among those items was a 100-count pack of re-closable bags. Bender writes that the bags appear to be the same type of bags that were found with controlled substances inside of them. Bender states in the complaint that, through his training and experience, these types of bags are often used in the packaging and distribution of methamphetamine and fentanyl. Kelley also allegedly made several comments during his arrest where he referred to himself as just a “middle-man.”
A preliminary hearing for Kelley has been scheduled for Oct. 27 in Upshur County Magistrate Court.