BUCKHANNON – A Buckhannon woman was arrested Sunday on a drug-related charge following a traffic stop during which officers allegedly found with more than 17 grams of methamphetamine in the vehicle she was driving.
Amy Malcomb, 40, was recently arrested for possession with intent to deliver a Schedule II controlled substance, methamphetamine, a felony, and driving while license revoked for non-DUI third or subsequent offense, a misdemeanor.
According to the criminal complaint in the Upshur County Magistrate Clerk’s Office filed by investigating officer Deputy Tyler Gordon with the Upshur County Sheriff’s Department on Sunday, July 7, Gordon observed a white Toyota Rav 4 traveling south on Route 20 in Buckhannon.
The complaint says the vehicle was registered to Mark Riggs of French Creek.
According to the report, the vehicle stopped past the stop line at the traffic control signal at the intersection of Route 20 and Main Street. The vehicle continued to “inch” further and further into the intersection, until the light changed to green. Gordon initiated a traffic stop on the vehicle at Speedway in Buckhannon.
As Gordon activated his emergency lights, the vehicle passed a city street and the first entrance to Speedway. The report said the vehicle nearly circled the parking lot prior to stopping. Gordon reportedly observed a lot of movement by the driver inside the vehicle after the blue lights were activated, the file says.
Gordon identified the driver as Malcomb, and, according to the report, the officer had prior knowledge that Malcomb’s drivers license had been revoked, with several previous convictions of driving revoked non-DUI – information which the E911 Upshur County Communication Center confirmed.
When Malcomb stepped out of the vehicle, Gordon asked her if there was anything illegal inside the vehicle, a question to which the report said she responded “no.”
Gordon administered a series of impairment tests due to Malcomb’s dilated pupils. Malcomb declined consent for Gordon to search the vehicle. At that point, Sgt. Marshall Powers and K-9 officer AJ, of the Upshur County Sheriff’s Department, arrived on scene and conducted an exterior sniff of the vehicle, during which he gave a positive alert, according to Powers, the complaint states.
The report said Gordon and Powers conducted a probable cause search of the vehicle and discovered a black zip container containing approximately 17.5 grams of a crystal-like substance believed to be methamphetamine, an empty bag, a digital scale and $298 in cash. Malcomb was placed under arrest and advised of her Miranda Rights, which she waived.
The file says Malcomb stated the methamphetamine came from another county, and she paid $600 for the meth she’d purchased.
Malcomb has three prior convictions of driving while license suspended or revoked in Upshur County on May 11, 2018 and two separate convictions on July 11, 2018, the file says.
Malcomb’s bail was set at $50,000.
If convicted of possession with intent to deliver, Malcom faces confinement in the state penitentiary for not less than one nor more than 5 years, a fine of not more than $15,000 or both. If convicted of the driving while license revoked for non-DUI third or subsequent offense, she faces a penalty of confinement in jail for not less than 30 days nor more than 90 days and a fine of $150 to $500.
