Fogle and Nolan

Two people arrested at Sheetz Friday for alleged heroin, fentanyl possession

BUCKHANNON – Two Upshur County residents were arrested at Sheetz Friday for allegedly possessing heroin stamps containing fentanyl.

Emily S. Nolan, 27, and Richard T. Fogle III, 30, both of Buckhannon, were each arrested for conspiracy, possession of fentanyl over five grams and possession with intent to deliver heroin, 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 Friday, Jan. 7, 2022, Bender, Lt. Marshall Powers with the sheriff’s office and City of Buckhannon Patrolman James Fisher to Sheetz and Buckhannon for a wanted person sighting.

Bender arrived on the scene and saw Fogle sitting in the driver’s seat of a white Subaru Forester. Bender knew Nolan and Fogle were known to drive the vehicle, based on a traffic stop Dec. 26, 2021, where Bender cited Fogle for driving with a suspended driver’s license. During the incident, Nolan told Bender her boss allowed her to use the car. Bender also saw Bender and Fogle in the vehicle several times prior to Jan. 7.

According to the report, Bender contacted Fogle and told him that he had a capias warrant and then placed him under arrest. Bender located what appeared to be wax papers in his front pocket and when he asked what they were, Fogle allegedly replied they were “stamps.”

Bender also saw an outline of a white-colored, powdery substance “believed to be heroin mixed with fentanyl,” based on the Red Bull logo, the file states. Fogle was placed into Powers’ cruiser while a search of the vehicle was conducted. During the search, officers located several empty wax papers inside and several used stamps wrapped in a rubber band inside the glove box, according to the criminal complaint.

At that time, Nolan exited Sheetz and approached the officers. Officers opened the back hatch of the vehicle and while Fisher was searching, he glanced up and saw Nolan suddenly take extra interest in the search. According to Fisher, she leaned forward squinting, “in what appeared to be an attempt to see where he was searching,” the report says. When Fisher lifted a hatch cover to get into a compartment above the left rear fender, he saw Nolan and change her posture. Fisher told other officers that Nolan’s “eyes widened with a blank stare and she appeared to take a defensive posture with her chest puffed out,” Bender wrote in the report.

Fisher allegedly found several wax papers packaged together inside that compartment and approximately 4.6 ounces of what officers believed to be heroin mixed with fentanyl. Deputies weighed the package of wax papers, their contents and packaging material at the Upshur County Sheriff’s Office after the incident. Within the packaged stamps, there were approximately 650 additional single stamps, according to the file.

Nolan was then placed under arrest and before being transported to Tygart Valley Regional Jail, she told Fisher she had more wax papers and their contents hidden on her body. The staff at the jail were able to obtain the stamps and subsequently gave them to Fisher, who then gave them to Bender.

Upshur County Magistrate Alan Suder set bail for Fogle and Nolan at $75,000 cash only.

The penalty for a conviction of possession of fentanyl over five grams is confinement in the state penitentiary for not less than four, nor more than 20 years. Additionally, the penalty for possession with intent to deliver heroin is confinement in the state penitentiary for not less than one year nor more than five years, a fine of up to $15,000 or both. Finally, the penalty for a conviction of felony conspiracy is confinement in the state penitentiary for not less than one nor more than 10 years.

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