Man allegedly threatens officer, spits in his face after being pulled over for DUI

BUCKHANNON – A Buckhannon man was arrested Saturday for allegedly threatening an Upshur County sheriff’s deputy and spitting in his face after being pulled over for reportedly driving under the influence.

Matthew Wade, 57, was arrested on seven charges, including retaliation against public official, a felony; battery on a police officer, a misdemeanor; and DUI of alcohol with a blood alcohol level of greater than .150, second offense, also a misdemeanor.

According to the criminal complaint in the Upshur County Magistrate Clerk’s Office filed by investigating officer Deputy Tyler Gordon with the Upshur County Sheriff’s Department on Saturday, April 11, Gordon observed a black Dodge pick-up truck traveling east on U.S. Route 33 near Red Rock Road in Buckhannon.

The vehicle allegedly swerved off the roadway to the left and right multiple times, and the driver, later identified as Wade, “could not maintain a single lane in any fashion,” Gordon wrote in the report.

According to the report, Gordon initiated a traffic stop on the Old Weston Road and identified the driver as Wade. The file says Gordon allegedly detected the strong odor of alcohol coming from Wade and noticed Wade was unsteady on his feet.

When Gordon administered two standard field sobriety tests, Wade displayed numerous signs of impairment, allegedly failed a preliminary breath test, and refused both a secondary breath test and blood draw, the file says.

When Gordon transported Wade to the Upshur County Sheriff’s office for processing, Wade allegedly “became aggressive and belligerent” and asked to use the restroom, which he was allowed to do twice. According to the report, Wade “proceeded to urinate on the wall of the UCSO holding cell and curse at officers while doing so.”

Wade also allegedly threatened Gordon several times, saying, “This is not over, I’ll show you. I won’t be in jail forever.”

Gordon, Cpl. Dewaine Linger and several other officers transported Wade to St. Joseph’s Hospital, having obtained a search warrant to seize evidentiary blood samples. According to the report, outside the hospital, in public view Wade continued to curse officers and called the triage nurses “whores.”

Wade was told to stop cursing and yelling several times by both Gordon and state Trooper Robinette. According to the file, while in the laboratory waiting, Wade continued to threaten Gordon before turning to spit in Gordon’s face. Officers took Wade to the ground and blood samples were taken soon after.

According to the report, Wade continued to defy commands given by officers, even allegedly grabbing officers’ hands, and clinching his fists and arms to avoid having blood drawn. Gordon transported Wade to the Tygart Valley Regional Jail, and Wade allegedly continued to threaten Gordon on the drive.

The file says Wade has a DUI first conviction dated Aug. 30, 2016 and a DUI while revoked conviction on the same date. Bail was set at $15,000 for retaliation against public official, $5,000 for battery on a police officer and $5,000 for DUI of alcohol greater than .150 second offense.

If convicted, Wade faces confinement for not less than one year nor more than 10 years and a fine of not more than $2,000 or both for retaliation against public official. He also faces confinement in jail for not less than one nor more than 12 months, a fine of not more than $500 or both for battery on police officer.

He also faces confinement in jail for six months to one year and the court may impose a fine $1,000 to $3,000 for DUI of alcohol greater than .150 second offense.

Wade could additionally face fines and penalties for four other misdemeanor offenses, including driving while license revoked for DUI second offense, obstructing an officer, destruction of property and disorderly conduct.

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