Three people face attempted murder charges as Upshur County Grand Jury returns 22 indictments on Monday

News Release
January 13, 2025

BUCKHANNON — An Upshur County Grand Jury returned 22 indictments on Monday, according to a press release from the prosecuting attorney’s office. The indictments are as follows:

Zachary Michael Shook, 32, of Mount Clare, was indicted for Fleeing in a Vehicle with Reckless Indifference to the Safety of Others, a felony, one count; Fleeing in a Vehicle while under the Influence of Controlled Substances, a felony, one count; and Driving in an Impaired State, a misdemeanor, one count.

Bobby Joann Bailey, 52, of Buckhannon, was indicted for Gross Child Neglect Resulting in Injury, a felony, one count; Conspiracy, a felony, one count; and Contributing to the Delinquency of a Minor, a misdemeanor, one count.

Bobby Joann Bailey, 52, of Buckhannon, was indicted for Delivery of a Controlled Narcotic Substance, Fentanyl, a felony, three counts.

Samantha Dawn Herron, 37, of Buckhannon, was indicted for Delivery of a Controlled Narcotic Substance within 1,000 feet of a school, Methamphetamine, a felony, four counts; and Conspiracy to Violate Chapter 60A, Article 4, Section 401 of the West Virginia Code, a felony, one count.

Samantha Dawn Burnside, 33, of Buckhannon, was indicted for Delivery of a Controlled Narcotic Substance, Fentanyl, a felony, one count; and Conspiracy to Violate Chapter 60A, Article 4, Section 401 of the West Virginia Code, a felony, one count.

Ross Righter Jeran, 40, of Buckhannon, was indicted for Possession of a Controlled Narcotic Substance with the Intent to Deliver, Fentanyl and Xylazine, a felony, one count; and Conspiracy to Violate Chapter 60A, Article 4, Section 401 of the West Virginia Code, a felony, one count.

Scott Isaac Freeman, 44, of Buckhannon, was indicted for Possession of a Controlled Substance with the Intent to Deliver, Methamphetamine, a felony, one count; and Conspiracy to Violate Chapter 60A, Article 4, Section 401 of the West Virginia Code, a felony, one count.

Rebecca Senjo Pittman, 46, of Mill Creek, and Maurice Joseph Gelpi, III, 55, of Mill Creek, were indicted for Attempted Grand Larceny, a felony, one count; and Conspiracy, a felony, one count.

Benjamin Ira Thomas Casto, 31, of Buckhannon, was indicted for Attempted Murder, a felony, three counts; and Malicious Assault, a felony, three counts.

Jacob Daniel Anthony, 30, of Buckhannon, was indicted for Possession of a Controlled Narcotic Substance with the Intent to Deliver, Fentanyl and Xylazine, a felony, one count; and Delivery of a Controlled Narcotic Substance, Fentanyl and Xylazine, a felony, one count.

Randel Adam McVay, 39, of Buckhannon, was indicted for Arson in the First Degree, a felony, one count; and Obstructing an Officer, a misdemeanor, one count.

Ricky Gay Farnsworth, Jr., 41, of Buckhannon, was indicted for Prohibited Person in Possession of a Concealed Firearm, a felony, one count; Prohibited Person in Possession of a Firearm, a misdemeanor, one count; Driving While License Suspended, Third or Subsequent Offense, a misdemeanor, one count; Possession of a Controlled Substance, Methamphetamine, a misdemeanor, one count; and Possession of a Controlled Substance, Marijuana, a misdemeanor, one count.

Joseph Michael Ware, 26, of Elkins, was indicted for Sexual Assault in the Second Degree, a felony, two counts.

Marcus Anthony Harrison, 29, of Weston, was indicted for Possession of a Controlled Substance with the Intent to Deliver, Methamphetamine, a felony, one count; Possession of a Controlled Narcotic Substance with the Intent to Deliver, Fentanyl and Xylazine, a felony, one count; Possession of a Controlled Substance with the Intent to Deliver, Marihuana, a felony, one count; and Conspiracy to Violate Chapter 60A, Article 4, Section 401 of the West Virginia Code, a felony, one count.

James Robert Arbogast, 53, of Buckhannon, was indicted for Domestic Violence, Third or Subsequent Offense, a felony, one count; and Fleeing from an Officer on Foot, a misdemeanor, one count.

Austin Wayne Arbogast, 25, of Buckhannon, was indicted for Gross Child Neglect Creating Substantial Risk of Death or Serious Bodily Injury, a felony, one count; Assault During the Commission of a Felony, a felony, one count; Use or Presentation of a Firearm During the Commission of a Felony, a felony, one count; Malicious Assault, a felony, one count; Wanton Endangerment Involving a Firearm, a felony, one count; Attempted Burglary, a felony, one count; Solicitation to Commit First Degree Murder, a felony, one count; and Prohibited Person in Possession of a Concealed Firearm, a felony, one count.

Marvin Dale Tenney, 82, of Buckhannon, was indicted for Attempted Murder, a felony, twelve counts; Malicious Assault, a felony, three counts; Destruction of Property, a felony, three counts; and Fleeing in a Vehicle with Reckless Indifference to the Safety of Others, a felony, one count.

Landon James Kincaid, 20, of Buckhannon, was indicted for Attempted Murder, a felony, one count; Wanton Endangerment Involving a Firearm, a felony, five counts; and Unlawful Shooting in the Street, a misdemeanor, five counts.

James Darrial Borden, 28, of Morgantown, Cordale Jameson Golden, Sr., 35, of Harperwood, Mich., and Robert Lawrence Williams, 35, of Detroit, Mich., were indicted for Possession of a Controlled Narcotic Substance with the Intent to Deliver, Fentanyl, Xylazine, Gabapentin, a felony, one count; and Conspiracy to Violate Chapter 60A, Article 4, Section 401 of the West Virginia Code, a felony, one count.

Stevie Nichole Simons, 38, of Buckhannon, was indicted for Possession of a Controlled Narcotic Substance with the Intent to Deliver, Fentanyl, Xylazine, 4-ANPP, a felony, one count; and Delivery of a Controlled Narcotic Substance, Fentanyl, Xylazine, 4-ANPP, a felony, one count.

Sydney Danielle King, 31, of Buckhannon, and Samantha Dawn Burnside, 33, of Buckhannon, were indicted for Conspiracy to Violate Chapter 60A, Article 4, Section 401 of the West Virginia Code, a felony, one count; Possession of a Controlled Substance with the Intent to Deliver, Cocaine, a felony, one count; and Transportation of a Controlled Substance into State, Cocaine, a felony, one count.

Tony Lee Metzler, 40, of Buckhannon, was indicted for Manufacture of a Controlled Substance, Methamphetamine, a felony, one count; Possession of a Controlled Substance with the Intent to Deliver, Methamphetamine, a felony, two counts; and Conspiracy to Commit a felony Violation of Chapter 60A, Article 4, Section 401 of the West Virginia Code, a felony, one count.

The press release notes that an indictment is merely an accusation and all defendants are presumed innocent unless and until proven guilty.