DVP violation lands man in jail

BUCKHANNON — A Buckhannon man is currently being held in the Tygart Valley Regional Jail on $75,000 bail regarding counts of brandishing a deadly weapon, violation of a domestic violence protective order and nighttime burglary, according to a police report filed in Upshur County Magistrate Court.

  Thomas Lee Underwood, 35, Buckhannon, according to the complaint filed by West Virginia State Police Trooper J.S. Tonkin, on Jan. 19, the officer reported to a Buckhannon residence in regard to a violation of a protective order complaint. Upon arrival, the officer made contact with the victim, who advised that she had arrived home and observed lights on inside the residence to be turned off. Further, according to the report, the victim stated that when she entered her bedroom and turned on the lights Underwood was sitting in a chair holding three hatchets across his lap. The victim then advised that she then ran to her parent’s residence and called 911.

The victim further stated, according to the complaint, the suspect had left when she returned with her parents. The victim indicated through her statement and behavior that she was in fear of immediate harm from the suspect.

Trooper Tonkin inquired as to how the suspect gained entry into the residence, and the victim advised that she believed the suspect had “picked” the lock as he had done previously. The victim further advised, according to the report, she had filed for a divorce from the suspect and he was no longer a resident of the home.

The officer then checked for any active DVP against the suspect through Upshur County Communication Center. He was advised that there is an active DVP against the suspect in place until Jan. 29.

Burglary, according to West Virginia Code 61-3-11, shall be a felony and, any person convicted thereof shall be confined in the penitentiary not less than one year nor more than 15 years. If any person shall, in the nighttime, break and enter, or enter without breaking, or shall, in the daytime break and enter, the dwelling house or an outhouse adjoining thereto or occupied therewith, of another, with intent to commit a crime therein, shall be deemed guilty of burglary.

Brandishing, according to West Virginia Code 61-7-11, shall be unlawful for any person armed with a firearm or other deadly weapon, whether licensed to carry the same, or not, brandish or use such weapon in a way or manner to cause, or threaten, a breach of the peace. Any person violating this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $50 nor more than $1,000, or be shall be confined in the county jail not less than ninety day nor more than one year, or both.


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