The following criminal complaint has been filed in the Tucker County Magistrate office:
- Toby Keith Grove, Accident, Md., was charged with one count DUI fleeing. The complaint states that on Saturday, July 18 at approximately 3:20p.m., Officer J.P. Ozalas received a complaint of 4 wheelers and side by sides trespassing on private property. The property is on Seven Island Rd 72/1 along the Cheat River. He arrived on scene at approximately 4:10 p.m. to find several side by sides on Mr. Panther’s property. Ozalas started to make contact with the subjects on the side by sides. The defendant entered a Red Polaris side by side that was setting at the top of the river bank. He ordered Grove to get out several times. Grove started the machine and Ozalas attempted to remove the keys and ordered the defendant to turn it off. Grove then allegedly drove over the steep embankment causing the machine to flip over. It came to rest upside down on the river shore. Mr. Burns was trying to turn it over before the defendant was safely out. After checking the driver and making sure he was okay and exited the vehicle, Ozalas removed the keys. He could smell the distinct odor of alcoholic beverages from the defendant’s breath. While questioning the defendant he became combative. He was advised that he was under arrest and to turn around so he could be handcuffed. When the officer attempted to cuff the defendant he allegedly pulled away and started running away across the Cheat River. Ozalas followed the defendant across the river and onto an island. The defendant again crossed the river and along with Mr. Burns was attempting to remove the side by side with a tow strap. He was again confronted and advised that he was under arrest and he fled again running along Seven Island Rd. Troopers Schmidle and Donelson responded and found Grove approximately half a mile from the scene. Field sobriety tests were administered and all were failed. Donelson conducted a PBT test on Grove and the result was .124 % BAC. He then placed Grove in custody for DUI fleeing. He was transported to the Parsons Police Department to administer a secondary chemical test. The Implied Consent Form was explained and Grove signed it. He refused the secondary chemical test and was transported to the West Virginia State Police Detachment in Parsons. Appropriate paperwork was completed and the defendant was then transported to the TVRJ. All individuals are presumed innocent under proven otherwise.
The following cases have been ordered and adjudged in the Tucker County Magistrate Court:
- State of West Virginia verses David Bradly Cartwright: Thomas, received judgment of Guilty Verdict for one count Cruelty to animals with a violation date of Sept, 17, 2019. He was assessed fines of $300, cost and fees of $200.35 and Restitution of $1,500, Animal Shelter, $467.43 Vet Bill and this is to be paid to Tucker County Commission. This individual cannot own any animals for five years.
- State of West Virginia verses Debra J. Watkins: Parsons, received judgment of Guilty Plea for one count Obstructing Officer and one count of Battery on a government employee and/or medical personnel with a violation date of July 1. She was assessed cost and fees of $350.50, a suspended jail sentence of 30 days and she must report to Day Reporting Center for six months.
- State of West Virginia verses Debra J. Watkins: Parsons, received judgment of Guilty Verdict for one count Obstructing an officer and one count of Battery on a government employee and/or medical personnel with a violation date of July 1. She was assessed cost and fees of $350.50, a suspended jail sentence of 30 days and she must report to Day Reporting Center for six months.
All the above cases were heard by Magistrate William M. Miller on July 23, 2020.