Man arrested after allegedly taking a Dollar General shopping cart, throwing a can of Mountain Dew at police

BUCKHANNON – An Upshur County man was arrested after allegedly taking a shopping cart and throwing a soda can at a law enforcement officer.

Robert Stout, 41, of Buckhannon, was arrested for second-offense battery on a police officer, a felony. He was also arrested on four misdemeanor charges: fleeing on foot, disorderly conduct, possession of a controlled substance and possession of stolen property.

According to the criminal complaint in the Upshur County Magistrate Clerk’s Office filed by Upshur County Sheriff’s Deputy Cole Bender, on Saturday, Aug. 26, at approximately 4 p.m., Bender responded to an area on the Brushy Fork Road in reference to an individual allegedly throwing pop cans at people’s vehicles. The person, later identified as Stout, was also allegedly rifling through people’s mailboxes.

Bender located Stout and observed pushing a shopping cart filled with cases of Mountain Dew cans. Bender knew the subject to be Stout “from previous encounters,” according to the police report. The shopping cart was bright yellow, so Bender recognized it as a Dollar General cart.

Bender pulled in front of Stout with blue lights, got out of the car and ordered him to stop, but Stout allegedly responded with, “No [expletive] you!” then picked up his pace and farther away from Bender.

Bender then jogged to catch up to Stout to stop the shopping cart and speak with him, but when Bender caught up, Stout allegedly tossed a Mountain Dew can filled with liquid at Bender, hitting his leg. According to the report, Bender then pursued Stout as he ran away from him, despite his commands for him to stop.

When Bender caught Stout, he took him to the ground before handcuffing him.

During a search, police located a clear container in Stout’s pocket, which allegedly contained a white, crystal-like substance believed to be methamphetamine.

According to the report, Stout allegedly continued to act belligerent and yell profanities until being transported to the Tygart Valley Regional Jail for processing.

Bender contacted Dollar General in Buckhannon, and they advised Stout did not have permission to possess their shopping cart, and they wanted it back. Based on his research, Bender estimated shopping carts cost about $100. Stout had one prior conviction for battery on an officer with a conviction date of Oct. 13, 2009.

Upshur County Magistrate Mark Davis set bail at $20,000 cash or surety.

The penalty for battery on a police officer second offense – the single felony charge – is a fine of up to $1,000, confinement in a state penitentiary for one to three years, or both.

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