BUCKHANNON — A Buckhannon man who broke into a residence where he physically struggled with his wife was violating a protective order for the second time.
William Paul Smith, 30, of French Creek, allegedly entered the residence on the Alton Road and began to argue with the victim in the bathroom, according to the criminal complaint in the Upshur County Magistrate Clerk’s office.
Smith took the phone from the victim and in the struggle tore one of her press on nails. Smith then allegedly grabbed the victim by the throat, pressed her against the wall and wouldn’t let her go, according to the complaint. The victim hit Smith in the head with a wine glass which broke and she was able to get free but Smith caught her in the bedroom and allegedly threatened to kill her with a piece of the broken glass.
In the struggle with the phone, an outside party was called which placed a call to 911, according to the criminal complaint.
Cpl. Theron Caynor and Lt. Mark Davis with the Upshur County Sheriff’s Department responded and spoke with the victim. Smith had already left the property. The victim had red marks on her face and a missing nail, a scratch on her hand and blood. Caynor stated that there was broken glass and a broken door frame where the struggle took place.
Smith has a domestic violence protective order in effect and is not to contact his wife, according to the criminal complaint. He has a prior conviction May 11, 2018 for violating a domestic violence protective order.
Caynor arrested Smith for domestic battery and second offense violation of a protective order, both misdemeanors.
Magistrate Kay Hurst set bond at $40,000.
If convicted, Smith faces confinement of three months to one year for violating the protective order, second offense. The jail term shall include actual confinement of not less than 30 days and Smith could also be fined $500 to $3,000.
Domestic battery carries possible confinement of up to a year or fined not more than $500.