The following citations have been recorded in the Tucker County Magistrate office:
- Derek E. Hunter, Bruceton, was cited for expired inspection and no insurance by Cpl. J.E. Kopec. He was assessed fines of $4.75 and court cost of $165.25. The second charge was dismissed with proof shown.
- Andrew S. Purdum, Montrose, was cited for expired MVI and driving suspended by Cpl. D.W. Burge. He pled no contest to both charges and was assessed fines of $104.75 and court cost of $330.50.
- Timothy W. Shaffer, Eglon, was cited for underage consumption by Deputy C.A. Teter. He pled no contest and was assessed fines of $10 and court cost of $165.25.
- Aryeh Y. Ness, Owings Mills, Md. was cited for speeding (75-65) by Cpl. D.W. Burge. He pled no contest and was assessed fines of $4.75 and court cost of $165.25.
- Richard D. Gump, Grafton, was cited for no proof of insurance by TFC J.J. Schmidle. The charge was dismissed with proof shown.
The following criminal complaint has been filed in the Tucker County Magistrate office:
- David Brandon Phillips, Parsons, was charged with one count Sexual Assault 2nd Degree and one count Soliciting a minor via computer. The complaint states that on Wednesday, April 11 at approximately 8:30 p.m. Cpl. J.E. Kopec, of the West Virginia State Police received a call from a DHHR case worker in reference to a sexual assault involving a juvenile victim and the suspect, David Brandon Phillips.
On that same date Kopec responded to the victim’s residence and met with the victim and her guardian, who has custody of the juvenile. When questioned by Kopec, both subjects started to cry and the victim made several comments which eluded to sexual assault. She said yes it allegedly happened and she told him no and told him to stop. Both were requested to travel to the State Police Detachment for an interview
A two page written statement was obtained and summarized that on Saturday, April 7 she and the defendant allegedly met up behind the shoe plant after discussing on Facebook Messenger about meeting up
She allegedly stated that at approximately 4:10 p.m. they met up and climbed into the shoe plant through a window. She stated that they went into a room and he allegedly started kissing her, pulling her hair and using his hands on her. Sexual acts were performed at which point the victim told him to stop and pushed his hands away. He did not stop at this point
The victim’s cell phone was dropped off at the Parsons State Police Detachment and was logged into evidence
On Friday, April 20, Kopec met with the defendant at the Parsons Police Detachment for a previously arranged interview in reference to the complaint. He was read his Miranda Rights which he initialed and signed. Kopec obtained a digitally recorded statement for the defendant. In this interview he advised that he met the victim behind the old shoe plant and she performed sexual acts on him with her allegedly being in agreement with the performed act. When asked how arrangements were made, he stated that through phone messaging and she was in agreement to meet him stating she was “down with that.” He advised that he met up with her around the time frame and date and they went into the old shoe plant. He later stated he began making out with her and they may have had sex for a “second”. He denies the victim telling him no or to stop. When asked if he was aware of the victim’s age he stated he believed her to be around 18 years old. He informed the officer that the phone he used to text back and forth with the victim is gone and would give no further reason as to why it disappeared.
On Thursday, May 10, Kopec submitted an affidavit and complaint for a search warrant for the search of the victim and suspect’s Facebook messenger and a warrant was issued. On Friday, June 15 a search warrant was executed for the Facebook messenger text conversation between the two. Kopec reviewed the content and found no incriminating evidence of any type or any useful information that would be helpful to the investigation. The defendant is in the Tygart Valley Regional Jail under a $35,000 bond.
The following cases have been ordered and adjudged in the Tucker County Magistrate Court:
- State of West Virginia verses Britni M. Ball: She received judgment of preliminary hearing waived for one count Shoplifting, third offense which occurred on March 4 and one count Shoplifting which occurred on July 2. A $20 fee was assessed and both cases were bound over to the Tucker County Circuit Court. This case was heard on Aug. 27 by Magistrate Riley H. Barb.
- Miller verses Herron: On Aug 24 the court found in favor of Gary L. Herron in the amount of $399.74 against Rebecca A. Miller. This case was heard by Magistrate William M. Miller.
- State of West Virginia verses Brian Dale Sipe: He received judgment of guilty-plea agreement for one count Shoplifting and one count Fleeing from officers. He was assessed fines of $250, court cost of $330.50 and repay merchant $50. He was credited time served of eight months. He also received judgment of Motion by the Prosecuting Attorney to dismiss-Granted by the Magistrate-No fees charged on the case for one count persons prohibited possessing firearms (Substance). All the above occurred on Oct. 2, 2017. This case was heard on Aug. 29 by Magistrate Riley H. Barb.
