Magistrate News

The following citations have been recorded in the Tucker County Magistrate office:

•  Tristan Shephard, Tallmadge, Ohio, was cited for leaving the scene of an accident by Cpl. J.E. Kopec.  He was assessed fines of $4.75 and court cost of $165.25.
• Terezia M. Galikova, Morgantown, was cited for speeding (35-25) by Cpl. D.W. Burge. He pled guilty and was assessed fines of $4.75 and court cost of $165.25.
• Vickie L. Propst, Elkins, was cited for talking on cell phone by Cpl. J.E. Kopec. She pled no contest and was assessed fines of $100.
• Makenzie L. Jackson, Elkins, was cited for no proof of insurance by TFC J.J. Schmidle.  The charge was dismissed with proof shown.

The following criminal complaints have been filed in the Tucker County Magistrate Court:

•  William Carl Armstrong, III, Dry Fork, was charged with one felony county Malicious or Unlawful Assault and one felony count Strangulation.  According to the complaint, on Aug. 29 the victim, Danielle Maxine Steelman called Tucker County 911 to report that she allegedly believed she had a concussion and her boyfriend, William Carl Armstrong, III was having what she believed to be a heart attack.  When asked why she believed she had a concussion she stated she had been punched in the head.  She said she didn’t want to say who hit her but she did not feel safe.  Sgt. C.D. Siler of the West Virginia State Police responded to the scene and found the victim sitting on the front porch with Armstrong lying on his back on the front porch.  As Siler approached the porch Tonia Lee Armstrong appeared from the south side of the residence.  Siler observed that Mr. Armstrong had several scratches on the right side of his face, neck and arm.  He told Siler it was just a little tussle.  As paramedics checked Mr. Armstrong, Siler spoke with Steelman and observed large lumps on her forehead and both sides of her head, a lump at the corner of her left eye with bruising, a lump and bruising on her left cheek, scratches on her face, neck and back.  She refused to give a written statement.  She allegedly stated she would not say anything because he just got off probation.  She stated it was over food. She stated that he was allegedly giving her a hard time about eating and she yelled at him and that was when she was attacked.  The paramedics cleared Mr. Armstrong and he refused transport.  At this time Siler approached him and informed him he was under arrest for domestic battery.  Mrs. Armstrong approached Siler and told him she was the one who hit Steelman.  Siler placed Mrs. Armstrong under arrest for Domestic battery as well.  He noticed that her right hand was severely swollen and she had a bruise on the inside of her right bicep and what appeared to be a bite mark on her left bicep.  Steelman stated she did not want to get anyone in trouble and she still refused to give a statement.  Mrs. Armstrong allegedly stated it was self defense because Steelman had bitten her on her left arm.  Mr. Armstrong allegedly stated that Steelman just went crazy and attacked Mrs. Armstrong and he was just trying to break it up.  However, he could not remember specifics when asked.  He stated he was passing in and out.  All of Mr. and Mrs. Armstrong’s wounds appear to be made by someone trying to fend them off.  However Steelman’s wounds are clearly made by someone who was attacking her.  All three subjects admitted to being intoxicated.  As soon as Siler informed Mr. Armstrong he was under arrest he became belligerent, cursing and complaining.  On the same date at approximately 12:45 p.m. Siler went to check on Steelman and see if she wanted to give him a statement which she did.  She allegedly stated that Mrs. Armstrong got angry and got in her face.  She stated she pushed her away from her because she was in fear for her safety and didn’t know what Armstrong was going to do.  She stated they both allegedly came after her at this time.  She said Mr. Armstrong allegedly got her in a choke hold and Mrs. Armstrong began beating her in the face.  She said he grabbed her by her throat with both hands and started to choke her and almost choked her out.  He was holding her on the ground and Mrs. Armstrong struck her in the right thigh with a large stick once or twice causing swelling and bruising. Armstrong posted a $10,000 PR bond.
• Tonia Lee Armstrong, Dry Fork, was charged with one felony county Malicious or Unlawful Assault.  According to the complaint, on Aug. 29 the victim, Danielle Maxine Steelman called Tucker County 911 to report that she allegedly believed she had a concussion and her boyfriend, William Carl Armstrong, III was having what she believed to be a heart attack.  When asked why she believed she had a concussion she stated she had been punched in the head.  She said she didn’t want to say who hit her but she did not feel safe.  Sgt. C.D. Siler of the West Virginia State Police responded to the scene and found the victim sitting on the front porch with Armstrong lying on his back on the front porch.  As Siler approached the porch Tonia Lee Armstrong appeared from the south side of the residence.  Siler observed that Mr. Armstrong had several scratches on the right side of his face, neck and arm.  He told Siler it was just a little tussle.  As paramedics checked Mr. Armstrong, Siler spoke with Steelman and observed large lumps on her forehead and both sides of her head, a lump at the corner of her left eye with bruising, a lump and bruising on her left cheek, scratches on her face, neck and back.  She refused to give a written statement.  She allegedly stated she would not say anything because he just got off probation.  She stated it was over food.  She stated that he was allegedly giving her a hard time about eating and she yelled at him and that was when she was attacked.  The paramedics cleared Mr. Armstrong and he refused transport.  At this time Siler approached him and informed him he was under arrest for domestic battery. Mrs. Armstrong approached Siler and told him she was the one who hit Steelman.  Siler placed Mrs. Armstrong under arrest for Domestic battery as well.  He noticed that her right hand was severely swollen and she had a bruise on the inside of her right bicep and what appeared to be a bite mark on her left bicep.  Steelman stated she did not want to get anyone in trouble and she still refused to give a statement.  Mrs. Armstrong allegedly stated it was self defense because Steelman had bitten her on her left arm.  Mr. Armstrong allegedly stated that Steelman just went crazy and attacked Mrs. Armstrong and he was just trying to break it up.  However, he could not remember specifics when asked. He stated he was passing in and out.  All of Mr. and Mrs. Armstrong’s wounds appear to be made by someone trying to fend them off.  However Steelman’s wounds are clearly made by someone who was attacking her.  All three subjects admitted to being intoxicated.  As soon as Siler informed Mr. Armstrong he was under arrest he became belligerent, cursing and complaining.  On the same date at approximately 12:45 p.m. Siler went to check on Steelman and see if she wanted to give him a statement which she did.  She allegedly stated that Mrs. Armstrong got angry and got in her face.  She stated she pushed her away from her because she was in fear for her safety and didn’t know what Armstrong was going to do.  She stated they both allegedly came after her at this time.  She said Mr. Armstrong allegedly got her in a choke hold and Mrs. Armstrong began beating her in the face.  She said he grabbed her by her throat with both hands and started to choke her and almost choked her out.  He was holding her on the ground and Mrs. Armstrong struck her in the right thigh with a large stick once or twice causing swelling and bruising. Armstrong posted a $5,000 PR bond.
• Thomas Bruce Summerfield, Jr., Davis, was charged with one felony count Child Abuse resulting in risk of injury.  The complaint states that on Tuesday, Aug. 14 at approximately 9:09 a.m. Deputy C.A. Teter received a complaint of a possible signal 9 driver, Thomas Summerfield, at Davis Thomas EMS from Tucker County 911.  It should be noted that his child is not currently enrolled in Davis Thomas EMS but is enrolled at Tucker Valley EMS.  Teter located the vehicle in Parsons and observed the defendant, who is known to this officer and does not have a valid driver’s license, driving said vehicle.  He was not wearing a seat belt and the vehicle was weaving back and forth in his lane of travel.  A traffic stop was initiated and contact was made with the driver.  The officer explained the reason for the stop and that a 911 call was made concerning his condition.  The driver’s speech was slurred and eyes were blood shot and glassy.  He was asked to exit the vehicle and it was noted that he was unsteady, appeared to be very excited, had dry mouth and was cursing and arguing and was very fidgety.  The defendant failed all field sobriety tests, was placed under arrest and transported to the Parsons Police Department.  He signed the Implied Consent Form and was taken to DMC for a blood draw and was transported to the Tygart Valley Regional Jail.  The defendant’s right to operate a motor vehicle had been suspended since Dec. 24, 2015.  It should be noted that the defendant pulled into the parking lot of DTEMS and dropped off his child while in this condition.  The Tucker County Superintendent stated that Summerfield was staggering while walking around DTEMS, was very energetic almost bouncing, and his actions were very animated.  Also when pulling into a parking spot of DTEMS it took him several times of pulling forward and backward to get into the space.  He ran to the front door and when he entered the lobby almost walked into a wall.  It should be noted that the defendant was in the school for almost one full hour after arriving.  The defendant allegedly stated to Teter that he had used Marijuana and Methamphetamine within the last few days.  He posted a $5,000 PR bond and a preliminary hearing is scheduled for Sept. 13 at 10:30 a.m. before Magistrate Riley H. Barb.
• John Daniel Emerson, Winston Salem, NC, was charged with 19 counts of Violation of Domestic Protection Order (DVPO).  According to the complaint on Monday, Nov. 13, 2017 at approximately 5:15 a.m., Deputy B.T. Zirk of the Tucker County Sheriff’s Department received a compliant from 911 of a DVPO violation.  911 advised Zirk that the complainant/victim (Joan Mileham Emerson) has a DVPO against her husband, the defendant.  He was also advised that the defendant lives in North Carolina and had been attempting to contact the victim multiple times.  On Monday, Nov. 30 Zirk observed multiple e-mails sent from the defendant to the victim between the dates of Monday, Nov. 11 and Sunday, Nov. 19.  A PR bond of $3,800 was posted and a court hearing is scheduled for Oct. 18 at 10 a.m. before Magistrate William M. Miller.
• Donald A. Barkley, Parsons, was charged with open burning of solid waste.  A Bench Trial is scheduled for Oct. 25 at 11 a.m. before Magistrate Riley H. Barb.

The following cases have been ordered and adjudged in the Tucker County Magistrate Court:

•  State of West Virginia verses Thomas B. Summerfield, Jr., Parsons, received judgment of Motion by the Prosecuting Attorney to dismiss-Granted by the Magistrate-No fees charged on the case for one count Driving under influence of controlled substances or drugs (Habitual user) which occurred on Aug. 14 and one count driving while license suspended or revoked. This case was heard on Aug. 30 by Magistrate William M. Miller.
• State of West Virginia verses Thomas B. Summerfield, Jr., Parsons, received judgment of no contest plea for one count driving while suspended or revoked.  He was assessed fines of $100 and court cost of $165.25.  This case was heard on Aug. 30 by Magistrate Riley H. Barb.