BUCKHANNON – An Upshur County man was arrested Wednesday for allegedly driving under the influence of a controlled substance after multiple people reportedly called the Comm Center about an impaired driver.
Charles H. Friend II, 38, of French Creek, was arrested for DUI controlled substance third offense, a felony.
According to the criminal complaint in the Upshur County Magistrate Clerk’s Office filed by investigating officer Deputy T.R. Collins with the Upshur County Sheriff’s Office on Jan. 12, 2022, at approximately 12 p.m., Collins received a call from the E911 Upshur Communication Center regarding an impaired driver.
Multiple calls were coming into the Comm Center, stating a Cadillac was being driven by a male who was allegedly huffing something while driving. Several callers told Comm Center telecommunicators the person was parked in several different locations: first, at Parkway Motors, then near Majorie Ann Drive, then near Jenkins Ford and then he pulled into Walmart.
When Collins arrived at Walmart, he noticed the Cadillac and then saw Friend, who made eye contact with Collins and then allegedly took off. Collins turned on his blue lights to stop him, and Friend parked in a parking spot and immediately jumped out of the vehicle, according to the report. Collins noticed he had vomit on his shirt and crotch and asked him what happened. Friend said he was sick.
Collins asked him if he had anything illegal on his person and Friend allegedly told police he had marijuana in his pocket, the file says.
Collins located a sandwich bag with a green leafy substance inside his jacket pocket, according to the police report. Collins asked him what he had been huffing and he said he does not huff anything. Collins noticed Friend appeared to have pinpoint pupils and he was unable to listen to his commands; he could not stand in one spot and Collins had to tell him multiple times to stay in one location, the complaint states.
Other deputies arrived on scene and noticed a “duster can,” in the passenger area of his vehicle, according to the report. The inside of Friend’s vehicle was reportedly covered in vomit, and the outside showed signs of newly acquired damage on the passenger side.
Friend said, “I smoked 1/8 between last night and this morning.” Collins asked him when he smoked last, and he said 9 a.m. to 10 a.m. that morning. Collins took him to St. Joseph’s Hospital, where he consented to a blood draw.
According to the report, Friend had previous DUI charges with one conviction date of Nov. 10, 2020, as well as two pending DUI cases with offense dates of Dec. 19, 2020, and Oct. 14, 2021. Friend’s license was also revoked from the convicted DUI, and he was out on bond for the previous DUI and driving while license revoked charges, according to the file.
Upshur County Magistrate Alan Suder set bail at $15,000 cash only.
The penalty for a conviction of driving while under the influence of a controlled substance, third offense, is confinement in a state correctional facility for not less than two, nor more than five years.
