BUCKHANNON – A Horner woman was arrested after allegedly attempting to shove a police officer.
Joyce Nelson, 45, of Horner, W.Va., was arrested for breathing/inhaling certain intoxicating substances and battery on an officer, second offense. According to the criminal complaint in the Upshur County Magistrate Clerk’s Office, on May 25, 2023, patrolman Angel McCauley with the Buckhannon Police Department responded to Walmart in reference to a woman in the fitting room who was witnessed “huffing” duster.
Upon McCauley’s arrival, she allegedly heard the sound of an air can and someone breathing deeply through the fitting room door. Walmart management unlocked the door, and McCauley announced herself.
While McCauley was speaking with Nelson, she allegedly became combative and attempted to push through the officer, trying to leave, the complaint states. Nelson allegedly continued attempting to get past McCauley even after she was advised that she was not free to leave. Nelson was also told to sit down due to her inability to stand without swaying, according to the complaint.
“Multiple times, Joyce attempted to push chest to chest through me,” McCauley wrote, “and then went to shove me with her hand. Joyce’s right hand was placed in cuffs, and she continued to resist arrest.”
McCauley was able to detain Nelson and get her calmed down. The officer said she could see a duster can wrapped up in clothes, and Nelson allegedly admitted she had a problem with addiction.
She had a first offense battery on medical personnel, which falls under the same statute, with a guilty plea from Lewis County on Oct. 4, 2019, the complaint notes.
Bail was set at $15,000 cash only by Upshur County Magistrate Alan Suder.
The potential penalty for breathing/inhaling certain intoxicating substances is a fine of not more than $100, confinement in a county or regional jail for not more than 60 days, or both. The potential penalty for battery on an officer, second offense, is a fine of not more than $1,000, confinement in a state correctional facility for not less than one year nor more than three years, or both.