ALTON – A French Creek man allegedly violated a domestic violence protective order for the second time and threatened to kill his wife.

William P. Smith, 30, was charged with violation of a domestic violence protective order, second offense, and domestic battery, both misdemeanors, following an altercation with his wife on Wednesday, Nov. 28.

According to the criminal complaints in the Upshur County Magistrate Clerk’s office, Smith allegedly traveled to the victim’s residence on the Alton Road in violation of a domestic violence protective order that had been issued in Upshur County Magistrate Court.

The order bars Smith from contacting his wife and says she owns the home she lives in, according to the complaint filed by investigating officer Cpl. Theron Caynor with the Upshur County Sheriff’s Department.

The victim told Caynor that Smith had allegedly entered her home, walked into the bathroom and started to argue with her. He then took her phone from her hand, ripping off one of her press-on nails in the process, the complaint states.

Smith then allegedly grabbed the victim by the throat, pushed her against the wall and refused to let her go, the file states. However, the victim was able to initially free herself by hitting Smith in the head with a wine glass, which broke, according to Caynor’s report.

Although the victim was able to wriggle free and run away, Smith caught her in the bedroom and allegedly threatened to kill her using a piece of the broken glass, according to the file.

When the two had been struggling for possession of the victim’s phone, the number of an unidentified third party was dialed, and that person subsequently called the 911 Upshur Communication Center for help, the file states.

By the time Caynor arrived, Smith had left the scene in a vehicle. However, the officer saw red marks on the victim’s neck and noticed one of her press-on nails was missing.

Caynor also saw a scratch and blood on her hand and found broken glass and a broken door frame inside the victim’s home, the report says.

Magistrate Kay Hurst set bond at $40,000 cash only and ordered Smith not to contact the victim.

The penalty for a conviction of violation of a domestic violence protection order, second offense, is imprisonment for a term ranging between one month and one year and a fine of $500-$3,000.

The punishment for a conviction of domestic battery is confinement for up to 12 months in jail, a fine of up to $500 or both.