BUCKHANNON – A Buckhannon man was arrested Easter Sunday after being found passed out in a vehicle and allegedly in possession of heroin.
Zachary McCartney, 27, was arrested Sunday on two felony charges – possession with intent to deliver controlled substance and unlawful manufacture, delivery or possession of fentanyl – and one misdemeanor, possession of a controlled substance, a misdemeanor. The charges are related to incidents that allegedly occurred on April 12, Easter Sunday, and Feb. 3, 2020.
According to the criminal complaint in the Upshur County Magistrate Clerk’s Office filed by investigating officer Lt. Douglas Loudin with the Buckhannon Police Department, on Sunday at approximately 8:10 a.m., Loudin was dispatched to Valley Green Drive for an unresponsive individual.
Upon arriving, Loudin observed a male individual, later identified as McCartney, slumped over in the driver’s seat of a blue Ford Escape. The report said Loudin also saw a tin container in the center console with the packaging consistent with that of heroin stamps as well as a piece of folded aluminum foil with a “black burn trail.”
According to the report, McCartney was removed from the car and checked by Upshur County EMS; however, he refused further medical treatment. Loudin searched the vehicle and allegedly found four round pills he was later able to identify as clonazepam, a benzodiazepine, a controlled substance. Loudin was assisted by West Virginia State Police Trooper J.S. Tonkin.
At that point, the E911 Upshur County Communication Center informed Loudin that McCartney had two active warrants related to an incident that allegedly occurred in February 2020.
Specifically, a Feb. 3, 2020 complaint also filed by Loudin says police found McCartney in a vehicle slumped over behind the steering wheel of a vehicle behind Middleton Hall at West Virginia Wesleyan College. He was allegedly in possession of 41 stamps of heroin, a Schedule I controlled substance. McCartney later told police the stamps contained fentanyl, a Schedule II controlled substance.
The complaint says officers found a bag containing a small amount of methamphetamine, too.
Magistrate Kay Hurst set bail at $45,000.
The penalty for a conviction of possession with intent to deliver a controlled substance is confinement for not less than one year nor more than 15 years, a fine of not more than $25,000 or both. If convicted on the unlawful manufacture, delivery or possession of fentanyl, he would also face confinement of not less than two nor more than 10 year.
Finally, the penalty for a conviction of possession with intent to deliver a controlled substance is imprisonment for not less than 90 days nor more than six months, a fine of not more than $1,000 for possession of a controlled substance or both.
