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Kelley

Man arrested on capias charged with four additional felonies

BUCKHANNON – An Upshur County man arrested last week on a capias from Upshur County Circuit Court following a traffic stop was charged with four additional felonies related to allegedly concealing a firearm and possession with intent to deliver methamphetamine.

Joseph Kelley, 28, of Tallmansville, was arrested Wednesday, Feb. 4 for prohibited person possession of a firearm concealment; prohibited person possession of a firearm; possession with intent to deliver methamphetamine; and false evidence (forgery of title and registration), all felonies.

According to the criminal complaint in the Upshur County Magistrate Clerk’s Office filed by investigating officer Deputy Cole Bender with the Upshur County Sheriff’s Office, on Feb. 4 at approximately 11:30 p.m. Bender and an intern with the Upshur County Sheriff’s Office initiated a traffic stop on a 2001 black Ford Taurus because the driver side headlight was out.

During the stop, the E911 Upshur County Communication Center informed Bender that Kelley had an Upshur County Circuit Court capias, and when the Comm Center ran the registration from the vehicle, it came back from a different 2002 Ford Taurus. Upon investigation, Bender noticed the registration plate was painted on to look like a registration 2020 sticker.

Then, when Bender approached the vehicle and Kelley opened the driver side door, Bender saw several magazines for a Glock handgun in the door panel. According to the report, Kelley started to act “erratic,” so Bender ordered Kelley to step out of the vehicle for the officer’s safety. Kelley refused and would not release the steering wheel, and in response, Bender grabbed Kelley’s wrists to keep him from reaching for anything in the vehicle.

Bender asked Kelley if he had a firearm, and he said “no, just shoot me,” the file says.

According to the criminal complaint, Bender also allegedly located a small, tin can in the center console containing a nickel, shards of glass, cotton balls, a piece of straw, a metal scooping device, a small plastic bag often used in the packaging and delivery of controlled substances, several papers often used in the packaging and delivery of controlled substances, and shards of white crystal-like substance believed to be methamphetamine.

Bender also reportedly found two digital scales with a powdery residue on the inside, one unopened digital scale, one cut straw and one needle containing suspected methamphetamine, the complaint says.

Bail was set at $20,000.

The penalty for prohibited person possession of a firearm concealment is confinement in a state correctional facility for not more than 10 years or a fine of not more than $10,000 or both. The penalty for prohibited person in possession of a firearm is confinement in a state correctional facility for not more than five years or a fine of not more than $5,000 or both. The penalty for possession with intent to deliver methamphetamine is confinement in a state correctional facility for not less than one year nor more than five or a fine of not more than $15,000 or both.

Finally, the penalty for false evidence (forgery, etc. of title and registration) is confinement in a state correctional facility for not less than one year and not more than five years or a fine of up to $5,000 or both.

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