BUCKHANNON – A second person has been arrested for allegedly breaking into the Brushy Fork Mart and stealing and destroying several items in October 2021.

Peyton Brooks, 19, South Park, Pa., was arrested for entry of a building other than a dwelling, grand larceny and willful injury to or destruction of property, all felonies.

According to the criminal complaint in the Upshur County Magistrate Clerk’s Office filed by deputy Cole Bender, on Oct. 29, 2021, at approximately 2:45 a.m., Bender 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 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 allegedly 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. The individual buying cigarettes appeared to be wearing a similar coat to the first subject through the door the night of the burglary.

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.

Upshur County Magistrate Mark Davis set bail at $45,000 cash or surety.

The penalty for a conviction of entry of a building other than a dwelling is confinement in a state correctional facility for not less than one nor more than 10 years. In addition, the 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 up to $2,500.

Finally, the potential penalty for a conviction of willful injury to or destruction of property is confinement in the state penitentiary for not less than one year nor more than 10 years, or in the discretion of the court, confinement in the county or regional jail for not more than one year or a fine of up to $2,500 or both.