New York man arrested for allegedly fleeing from police on a motorized bicycle

BUCKHANNON – A New York man was arrested after allegedly fleeing from a Buckhannon police officer on a motorized bike.

Anthony Garcia, 23, of New York, N.Y., was arrested Sunday for fleeing with reckless indifference, a felony.

According to the criminal complaint in the Upshur County Magistrate Clerk’s Office filed by Patrolman James Fisher with the Buckhannon Police Department, on Sept. 18 Fisher was running stationary radar on passing traffic when a red-colored Fly Wing eBike passed his cruiser on south Locust Street. The eBike was allegedly “locked in” at 44 mph, Fisher wrote in the complaint.

Fisher initiated his blue lights and attempted to perform a traffic stop. The vehicle was approximately 300 yards in front of Fisher’s cruiser, allegedly traveling approximately 50 to 60 mph, the file says. Fisher saw the vehicle swerving back and forth in the lane and crossed the center line before Chapel Hill United Methodist Church.

As Fisher closed the distance between their vehicles, the eBike allegedly crossed into the opposite lane to pass a truck traveling in the same direction on solid yellow lines. The vehicle allegedly remained on the wrong side of the road until it made a left turn on College Avenue, the report states.

As the vehicle turned onto College Avenue, it appeared the driver, later identified as Garcia, “came close to laying the Moped on its side,” Fisher wrote. The vehicle stopped at the intersection of College Avenue and South Florida Street. The vehicle did not come back as registered, and Garcia did not appear to have insurance. While filling out the vehicle inventory sheet, police allegedly found approximately 3.5 grams of marijuana, although the report did not specify where.

Upshur County Magistrate Alan Suder set bail was set at $25,000 cash only, and as of Monday, Garcia remained incarcerated in the Tygart Valley Regional Jail, according to the West Virginia Division of Corrections and Rehabilitation website.

The potential penalty for a conviction of fleeing with reckless indifference is confinement in a state correctional facility for not less than one nor more than five years and a fine of not less than $1,000 nor more than $2,000.

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