PHILIPPI — A Buckhannon man who was indicted by a Barbour County Grand Jury in October did not appear for arraignment last week and was arrested.
Joshua J. Endicott, 34, of Buckhannon, was indicted for distribution and display to a minor of obscene material, a felony, according to a copy of the indictment obtained from the Barbour County Circuit Clerk’s office.
In May 2017, Endicott allegedly sent an obscene picture through Facebook messenger to a minor who was 14 years old.
Circuit clerk Gerald Fogg said that a capias was issued for Endicott after he failed to appear on Wednesday, Nov. 15 at his arraignment hearing. Endicott is housed in the Tygart Valley Regional Jail.
Endicott did file his own motion to dismiss the case, which was received on Nov. 14. In his filing, Endicott said, “The Circuit Court of Barbour County, West Virginia is a fictitious entity pretending to function like an American court of law.”
Endicott argues the case should be dismissed due to lack of jurisdiction, lack of burden of proof and fraud.
He refers to the ‘fictional persona’ of Joshua James Endicott and says the “summons is but a mere paper notice deceitfully used as a ‘commercial instrument’ to unlawfully, insidiously and fraudulently extract revenue.”
Endicott has a court appointed attorney, Tyler Reseter, of Morgantown, as of Nov. 15.
Reseter said he reviewed Endicott’s motion and it is being considered by the judge. He noted that Endicott had filed the motion on his own before Reseter was appointed. Reseter had not spoken with Endicott as of Tuesday.