BUCKHANNON – An Upshur County man was arrested after allegedly shoving a person in the face, causing them to injure their tongue and nose.
Robert William Smith, 42, of Buckhannon, was arrested for third-offense domestic battery, a felony.
According to the criminal complaint in the Upshur County Magistrate Clerk’s Office filed by Patrolman James Fisher with the Buckhannon Police Department, on Saturday, Oct. 7, the Upshur County E911 Communication Center received a call for service.
The caller stated there was an active domestic altercation at Cambridge Heights and said it had become physical. Patrolman Jonathan Warner, Patrolman Wade Loudin and Fisher arrived on scene and located Smith walking away from an apartment, up a set of stairs. According to the report, Smith had blood and scratches on his hands.
Warner remained with Smith while Fisher went to speak to the victim. The victim had scratches on her neck, and Fisher observed blood spots on the victim’s shirt, the file says. She allegedly stated the blood was Smith’s, and it had gotten on her shirt while she was defending herself.
In both verbal and written statements, a witness told police that Smith allegedly shoved the victim’s face with an open hand, causing her to bite her tongue and hurt her nose. Smith has two prior guilty convictions for domestic assault with dates of Dec. 20, 2022, and Feb. 2, 2023.
Bail was set at $10,000 cash only.
The potential penalty for a conviction of third-offense domestic battery is confinement for not less than one year and not more than five years in a state penitentiary, a fine of up to $2,500 or both.