FRENCH CREEK – A French Creek woman was arrested after allegedly injuring a juvenile with a vehicle.
Krystal Winters, 34, was arrested for child neglect creating a risk of injury, a felony.
According to the criminal complaint in the Upshur County Magistrate Clerk’s Office filed by Upshur County Sheriff’s Deputy T.R. Collins, on Saturday, April 15, the Upshur County E911 Communication Center alerted Collins about an ongoing domestic incident that was occurring near Alexander Road.
While en route, the Comm Center told Collins that the individuals involved in the altercation had left the original location and returned to their house on Alexander Road in French Creek. Collins arrived on scene and began talking to the female, later identified as Winters, and her husband. The Comm Center said they had received reports of the man allegedly choking Winters.
Collins immediately detected the odor of marijuana emanating from both Winters and her husband, with a stronger odor coming from inside the residence. He did not observe any red marks or other marks that would be consistent with being choked on Winters’ neck. The husband admitted Winters was flailing her arms at him, and that is when he restrained her by holding her arms down; he said he did not want to get hit during this incident.
Collins asked Winters about the same incident, and she stated she and her 13-year-old daughter were arguing. Winters pointed out a dent with a fresh shoe print on the passenger-side door of their vehicle, which she said was from the juvenile. Winters stated that she “was playing a joke on the 13-year-old about leaving [the 13-year-old] home while everyone else went to the movies,” but she was really going to find phone service to look up movie times.
Winters went to her car and started it up while the juvenile jumped on top of the hood in fear of being left home. While the juvenile was on top of the hood, Winters allegedly made the car lurch forward by either putting the vehicle in drive or park, according to the criminal complaint. The sudden forward movement caused the juvenile to fall off the hood and then be struck by the vehicle.
This caused the juvenile to fall on the ground and hit her right side, which caused her pain. The area in front of the vehicle had debris of wood, rocks and other material that could have seriously injured her.
According to the report, the juvenile appeared distraught while explaining the incident, but when she looked at her mother, she appeared intimidated. Collins asked Winters about the marijuana odor coming from herself and the residence. Winters allegedly admitted she had been smoking before Collins arrived. Winters then allegedly retrieved a white container with a green leafy substance inside it, along with a glass smoking device from her laundry/bathroom.
Winters stated the marijuana was from a dispensary, but she did not possess a valid Medical Marijuana Card issued by the State of West Virginia, the file states. Collins then asked both Winters and her husband about the drug usage. Winters’ husband said she allegedly smokes marijuana daily, and Winters allegedly agreed she did so for a medical issue. Winters also stated she had smoked marijuana the previous night and that morning, all before the incident occurred.
During the entire encounter, Winters could not stand still, was extremely fidgety, disorientated, and had a hard time concentrating, Collins noted in the complaint. Collins had to give instructions multiple times to Winters. He explained that he believed she was under the influence of controlled substances, and that’s what led to the outcome of the vehicle incident with her daughter.
The file says her husband then stated he had had this same conversation with her multiple times.
Collins asked her husband what happened between Winters and the juvenile, and he stated they were arguing, so he left and went up a hill to sit. While sitting there, he heard the juvenile screaming and crying, the report says.
Collins placed Winters under arrest for child neglect creating a risk of serious bodily injury, and transported her to the Upshur County Sheriff’s Office.
Upshur County Magistrate Alan Suder set bail at $50,000 cash only.
The penalty for a conviction of child neglect creating risk of injury is a fine of not more than $3,000; confinement in a state penitentiary for not less than one nor more than five years; or both.
