Ritchie County Deputies were on routine patrol on Dutchman Road in Macfarlan when they spotted a gray Ford Mustang with an expired inspection sticker and proceeded to conduct a traffic stop.
Approaching the vehicle, the officers noticed an uncased bolt-action rifle tucked between the driver, Brian Knight, 45, and the passenger, Danny McClung, 59. On a regular day, West Virginia laws allow citizens to carry a rifle or shotgun for hunting and self-defense per state and federal laws.
However, carrying an uncased rifle or shotgun is an offense per WV Code § 20-2-5 unless the gun owner was taking the firearms to or from a hunting site, campsite, or home between 30 minutes after sunset and 30 minutes before sunrise.
Thus, suspecting a weapons violation and possibly loaded gun, the deputies swiftly instructed the occupants to step out of the car and proceeded to search the vehicle for other contraband. According to the police report, a cursory search of the vehicle revealed that the occupants had a bag of presumed methamphetamine and $794 in cash.
A thorough search of the Mustang later revealed the occupants had another bag of suspected marijuana and a second bag of presumed methamphetamine. Field tests of the alleged and presumed substances were positive and confirmed that the bags indeed contain marijuana and methamphetamine. The combined weight of the illicit substances was 17.03 grams, according to the police report.
Ritchie County Sheriff Department has indicted both men with possession with intent to deliver a controlled substance. An offender search through the West Virginia Department of Corrections website revealed that Knight and McClung are in North Central Regional Jail, with bail set at $15,000.
Per WV Code §60A-4-401, possession with intent to deliver a controlled substance, like methamphetamine, is a felony. If found guilty and convicted, the offense is punishable by at least twelve-month imprisonment in a state correctional facility and up to $25,000 in fines.
West Virginia code, WV §60A-4-407, allows the court to place first offenders in this type of case under probation for at least six months if the drugs weigh less than 15 grams. The offender would also have to meet other probation terms set by the court.
Since the weight of the drugs found with the offenders clearly exceeds this limit, they may be ineligible for a conditional discharge.