BUCKHANNON – A Pennsylvania man was arrested Thursday after allegedly breaking a glass door at the Brushy Fork Mart and stealing more than $2,000 worth of items from the store while destroying over $4,000 worth of property.
Zachary Kelly, 26, of Bridgeville, Pa., was arrested Thursday for destruction of property, entry of a building other than a dwelling, and grand larceny, all felonies.
According to the criminal complaint filed in the Upshur County Magistrate Clerk’s Office, on Oct. 29, 2021, at approximately 2:45 a.m., deputy Cole Bender with the Upshur County Sheriff’s Office accompanied Lt. Marshall Powers to Brushy Fork Mart for a possible breaking-and-entering incident. When the officers arrived, they noticed the glass on the left door of the main entrance had been shattered. No one was inside.
Bender saw that a glass case had been knocked over, several cameras were damaged, and a bottle of wine had broken with its contents spilled on the floor. Additionally, a coin machine and a large container that held rolls of scratch-off lottery tickets were tipped over.
The owner of the store, Todd Foster, arrived a short time later and was able to show the officers video footage of what happened. The video showed that at approximately 11:40 p.m., something was thrown through the glass front door and three men entered, according to the file. They knocked over the glass display case, took the contents inside the case, and went behind the counter to take more items. The video also reportedly showed the men tipping over the coin machine before fleeing across the road, in the direction of Meadowlands Trailer Park.
Foster told the officers he recognized the individuals from being in the store earlier the same day. One of them came in to buy cigarettes, while the other two came in at a different time to look at the items in the display case, he said.
Further investigation led officers to an Instagram account that had a photo of Kelly and another individual wearing what appeared to be the same clothing as seen in the video footage, according to the complaint.
Foster provided Bender totals for the damage, as well as a total value for all the items taken. The property that was damaged or destroyed totaled $4,188, while the stolen items totaled $2,346, according to the file.
Bail was set at $25,000 cash only by Upshur County Magistrate Mark Davis
The potential penalty for destruction of property is confinement in the state correctional facility for not less than one year nor more than 10 years, a fine of not more than $2,500, or, in the discretion of the court, confinement in the county or regional jail for not more than one year, or both a fine and confinement.
The potential penalty for entry of a building other than a dwelling is confinement in the state correctional facility not less than one nor more than 10 years. Finally, the potential penalty for grand larceny is confinement in the penitentiary for not less than one nor more than 10 years, or in the discretion of the court, confinement in jail for not more than one year and a fine of not more than $2,500.
