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ELKINS – Probable cause was found Thursday in the case of a Randolph County man accused of allegedly hitting a pedestrian with his vehicle and fleeing the scene, leaving the alleged victim with severe injuries, including paralysis from the waist down.
Howard Wood Reid Gates, 35, of Elkins, is charged with one count of leaving the scene of a crash with serious bodily injury, a felony. He is currently being held at the Tygart Valley Regional Jail on a $35,000 cash-only bond set by Randolph County Magistrate Benjamin Shepler.
Gates appeared in Randolph County Magistrate Court Thursday for a preliminary hearing. At the end of the hearing, Shepler found probable cause to move the case forward to be considered by a Randolph County grand jury.
At the hearing’s start, Assistant Prosecuting Attorney Leckta Poling called Patrolman James Wolfe with the Elkins Police Department to testify before the court. Wolfe is the investigating officer in this case.
Wolfe told the court that, on Nov. 2, he and other officers responded to an alleged hit-and-run involving a pedestrian in the area of West Main Street in Elkins. When they arrived, the officers found the alleged victim, Brent Helmick, 30, lying under a chain link fence and against a PVC fence. The suspect vehicle was nowhere to be seen.
Wolfe said Helmick was unable to move and could only communicate that he had been hit by a car. Helmick was transported by EMS, and then life-flighted to Ruby Memorial Hospital in Morgantown, where he underwent several surgeries. Poling asked Wolfe if Helmick was still at Ruby Memorial Hospital. Wolfe said he was, and, as a result of the hit and run, Helmick was paralyzed from the waist down.
While on the scene, Wolfe and other officers received a dispatch to the area of Pleasant Avenue in reference to a vehicle that had struck a utility pole. Wolfe told the court the vehicle that hit the utility pole matched the description of the vehicle that hit Helmick. The vehicle had “heavy front end damage,” including what Wolfe described as an “imprint” on the hood that matched the shape of a human head. Wolfe said there was also hair stuck to the imprint. No driver was found on the scene.
Wolfe stated he and the other officers were approached by witnesses who said they saw a “shorter black male” running away from the scene. Another witness directed police to the suspect’s residence as they had recognized him. When police arrived at the residence, they saw Gates leaving through the front door. Gates was then detained, but he refused to speak to officers.
Poling asked Wolfe if he had reviewed video footage that showed Helmick being hit by a vehicle, and Wolfe said yes. When Poling began to ask if the video showed the driver slowing down, Gates’ attorney, Gregory Tingler, objected, stating there was no foundation laid for who took the video and how it was obtained. Shepler sustained the objection.
Poling then asked if officers received any statements that indicated Gates was the driver of the vehicle. Wolfe said he spoke to a female subject, who stated Gates had returned home and handed her the only keys to the vehicle. Wolfe stated there were no known passengers in the vehicle when it struck Helmick.
Wolfe noted Gates did not appear to be under the influence and no field testing was performed. He also said Gates did not appear to have any injuries, nor did Gates appear to have any disability or impairment that would impact his ability to drive. Poling asked if Gates had a valid drivers license and Wolfe said he did not.
During cross-examination, Tingler asked Wolfe if any of the witnesses identified Gates as the driver. Wolfe said the witnesses just gave a description that matched Gates. Tingler then asked if Gates was the only short black man in Elkins, to which Wolfe said he could not answer that question.
Tingler then asked if anyone throughout the investigation absolutely identified Gates as the driver. Wolfe said no. When asked if the female subject living with Gates had made any mention of Gates driving the vehicle, Wolfe said she was “not very helpful.”
Throughout the hearing, Gates made several outbursts, interrupting Tingler’s cross-examination of Wolfe. Gates received reprimands from Tingler for the outbursts.
In closing arguments, Poling argued that the testimony, and Helmick’s severe injuries, proved probable cause against Gates. Tingler stated there was insignificant evidence to prove Gates was the one driving the vehicle that struck Helmick, and therefore probable cause should not be found.
After Shepler ruled there was probable cause, Tingler discussed a bond modification motion he made to change the format of Gates’ $35,000 cash-only bond to a $35,000 property/surety bond. Tingler argued that Gates desired to get back to work, as he had a fiance and a child to provide for. Poling said the state believed bond was sufficiently set as is. She stated that Wolfe’s testimony and Helmick’s injuries showed Gates poses “a danger and a threat to the community.”
Shepler denied Tingler’s motion and kept Gates’ bond as previously set.