Upshur County Grand Jury returns 40 indictments in September 2023 term

News Release
September 12, 2023

An Upshur County Grand Jury returned 40 indictments on Tuesday, according to a press release from the prosecuting attorney’s office.

Terry Lee Duke, 37, of Tallmansville – Taking the Identity of Another, a felony, one (1) count; Forgery of a Public Record, a felony, one (1) count; Uttering a Forged Public Record, a felony, one (1) count; Obstructing an Officer, a misdemeanor, one (1) count.

Terry Lee Duke, 37, of Tallmansville – Possession of Stolen Goods, a felony, one (1) count; Obstructing an Officer, a misdemeanor, one (1) count; Possession of a Controlled Substance, a misdemeanor, two (2) counts.

Lucas Wayne Leary, 28, of Philippi – Taking the Identity of Another, a felony, one (1) count; Forgery of a Public Record, a felony, one (1) count; Uttering a Forged Public Record, a felony, one (1) count; Attempted Petit Larceny, a misdemeanor one (1) count; Obstructing an Officer, a misdemeanor, one (1) count.

Matthew Edward Summerfield-Duke, 27, of Buckhannon – Wanton Endangerment Involving a Firearm, a felony, two (2) counts; Domestic Assault, a misdemeanor, one (1) count; Prohibited Person in Possession of a Firearm, a misdemeanor, one (1) count.

Mack David Metz, 50, of Buckhannon – Fraudulent Use of an Access Device, a felony, five (5) counts.

James William Corbin, 54, of Rivesville – Fleeing with Reckless Indifference to the Safety of Others, a felony, one (1) count.

Charles Wayne Pringle, Jr., 46, of French Creek – Burglary, a felony, one (1) count; Assault, a misdemeanor, two (2) counts; Harassment, a misdemeanor, two (2) counts.

Kevin Jay Cowger, 48, of Clarksburg – Entry of a Building other than a Dwelling, a felony, two (2) counts; Attempted Entry of a Building other than a Dwelling, a felony, one (1) count; Attempted Grand Larceny, a felony, one (1) count; Destruction of Property, a felony, one (1) count; Grand Larceny, a felony, one(1) count; Petit Larceny, a misdemeanor, one (1) count.

Katrina Nicole Sandy, 32, of French Creek – Retaliation Against a Public Official, a felony, two (2) counts.

Randall Gene Bender, Jr., 42, of Buckhannon – Failure to Provide Notice of a Change to Required Sex Offender Registration Information, 2nd or Subsequent Offense, Lifetime Registrant, a felony, one (1) count.

Hank William Heckman, 33, of Buckhannon – Failure to Provide Notice of Change to Required Sex Offender Registration Information, Lifetime Registrant, a felony, two (2) counts

Bonnie Sue Bryant, 44, of Buckhannon – Aiding and Abetting a Sex Offender in Eluding Law Enforcement, a felony, two (2) counts.

Nicky Joe Heater, Jr., 33, of Orlando, WV – Worker’s Compensation Fraud, a felony, one (1) count; Insurance Fraud, a felony, one (1) count.

Bryon Daniel Schooley, 38, of Buckhannon – Cruelty to Animals, a felony, three (3) counts

Keanan Michael Lee, 25, of Rock Cave – Fraudulent Use of an Access Device, a felony, three (3) counts; Petit Larceny, a misdemeanor, one (1) count.

Anthony Todd Gassett, 55, of Buckhannon – Child Neglect Resulting in Bodily Injury, a felony, one (1) count; Domestic Battery, a misdemeanor, two (2) counts.

Joyce Maxine Nelson, 45, of Horner – Battery on a Law Enforcement Officer, Second Offense, a felony, one (1) count; Breathing or Inhaling Intoxicating Substances, a misdemeanor, one (1) count.

Mindy Corena Stalnaker, 38, of Buckhannon – Drug Delivery Resulting in Death, a felony, one (1) count; Conspiracy to Violate Chapter 60A, Article 4, Section 401 of the W. Va. Code, a felony, one (1) count.

Steven James Riffle, 32, of Buckhannon – Possession of a Controlled Substance with the Intent Deliver, a felony, one (1) count; Conspiracy to Commit a Felony Violation of Chapter 60A, Article 4, Section 401 of the WV code, a felony, one (1) count.

Seth Warren Morgan, 28, of Buckhannon – Conspiracy to Violate Chapter 60A, Article 4, Section 401 of the West Virginia State Code, a felony, one (1) count.

Sheldon Kirk Harris, 25, of Buckhannon – Possession of a Controlled Narcotic Substance with the Intent to Deliver, a felony, one (1) count; Delivery of a Controlled Narcotic Substance, a felony, two (2) counts; Transportation of Controlled Narcotic Substances into State, a felony, one (1) count; Conspiracy to Violate Chapter 60A, Article 4, Section 401 of the West Virginia State Code, a felony, one (1) count.

Johnnie L. Perrine, 45, of French Creek – Failure to Provide Notice of Change to Sex Offender Registration Information, a felony, two (2) counts.

Donald Lynn Wright, 69, of French Creek – Failure to Provide Notice of Change to Required Sex Offender Registration Information, Life Registrant, a felony, three (3) counts

Douglas Craig Casto, 54, of French Creek – Failure to Provide Notice of Change to Required Sex Offender Registration Information, a felony, three (3) counts

David Charles Blagg, 28, of Tallmansville – Fleeing with Reckless Indifference to the Safety of Others, a felony, one (1) count; Driving while License Revoked for DUI, a misdemeanor, one (1) count; Fleeing by Means Other than the Use of a Vehicle, a misdemeanor, one (1) count; Obstructing an Officer, a misdemeanor, one (1) count; No Registration, a misdemeanor, one (1) count; No Insurance, a misdemeanor, one (1) count; Operation of a Vehicle without Certificate of Inspection, a misdemeanor, one (1) count.

David Tyler Raines, 32, of Belington – Prohibited Person in Possession of a Firearm, a felony, one (1) count; Conspiracy, a felony, one (1) count

Joseph Tyler Simmons, 40, of French Creek – Prohibited Person in Possession of a Firearm, a felony, one (1) count; Conspiracy, a felony, one (1) count.

Christopher Don Chidester, 30, of Buckhannon – Fleeing in a Vehicle with Reckless Indifference to the Safety of Others, a felony, one (1) count; Fleeing by Means other than the Use of a Vehicle, a misdemeanor, one (1) count; No Registration, misdemeanor, one (1) count.

Samuel Matthew Smith, 37, of French Creek – Driving while License Revoked for DUI, Third or Subsequent Offense, a felony, one (1) count.

Samuel Matthew Smith, 37, of French Creek – Driving while License Revoked for DUI, Third or Subsequent Offense, a felony, one (1) count; No Insurance, a misdemeanor, one (1) count; No Registration, a misdemeanor, one (1) count; Possession of a Controlled Substance, a misdemeanor, one (1) count.

Krystal Lea Winters, 34, of French Creek – Gross Child Neglect Creating Substantial Risk of Serious Bodily Injury or Death, a felony, one (1) count

Robin Denise Arbogast, 50, of Weston – Distribution and Display to Minor of Obscene Matter, a felony, two (2) counts

Nicky Lynn Bailey, 37, of French Creek – Fleeing in a Vehicle while Under the Influence of a Controlled Substance, a felony, one (1) count; Fleeing in a Vehicle with Reckless Indifference to the Safety of Others, a felony, one (1) count; Driving Under the Influence of Controlled Substances, a misdemeanor, one (1) count; Possession of a Controlled Substance, a misdemeanor, one (1) count; No Insurance, a misdemeanor, one (1) count; Driving while License Suspended, Third or Subsequent offense, a misdemeanor, one (1) count.

Bryan David Shaw, 41, of Buckhannon – Possession of a Controlled Substance with the Intent to Deliver, a felony, two (2) counts; Prohibited Person in Possession of a Firearm, a felony, one (1) count.

Christina Joe Brunina, 44, of Buckhannon – Forgery, a felony, one (1) count; Uttering, a felony, one (1) count

Donald P. Hull, Jr., 39, of Spartansburg, SC – Prohibited Person in Possession of a Firearm, a felony, one (1) count; Driving under the Influence of Controlled Substances, a misdemeanor, one (1) count.

Austin Shane Tawney, 33, of Buckhannon – Transportation of a Controlled Narcotic Substance into State, a felony, one (1) count; Conspiracy to Commit a Felony Violation of Chapter 60A, Article 4, Section 401 of the WV code, a felony, one (1) count.

Lucas John Hyre, 35, of Buckhannon – Transportation of a Controlled Narcotic Substance into State, a felony, one (1) count; Conspiracy to Commit a Felony Violation of Chapter 60A, Article 4, Section 401 of the WV code, a felony, one (1) count.

Michael Aaron Hinchman, 38, of Buckhannon – Attempted Burglary, a felony, one (1) count; Possession of a Controlled Substance, a misdemeanor, one (1) count; Destruction of Property, a misdemeanor, one (I) count.

Randall William Osburn, 36, of Buckhannon – Failure to Provide Notice of Change in Required Sex Offender Registration Information, a felony, three (3) counts.

Upshur County Prosecutor Bryan Hinkle’s office notes that “an indictment is merely an accusation. All defendants are presumed innocent unless and until proven guilty.”