A Montrose man who allegedly brought marijuana into jail was charged this week with transporting contraband into a state correctional facility.
Brian Douglas Broseker, 42, was arraigned Tuesday by Randolph County Magistrate George M. Riggleman on charges stemming from an alleged Jan. 26 incident at Tygart Valley Regional Jail, shortly after Broseker had been arrested for DUI.
According to the complaint filed in the Randolph County Magistrate Clerk's Office, Trooper A.N. Alton with the Elkins detachment of the West Virginia State Police arrested Broseker for DUI on Jan. 26. When Alton was processing Broseker at about 11:40 p.m. at the Elkins detachment, the officer reportedly smelled an odor he identified as marijuana coming from the man.
When Alton asked Broseker if he possessed any marijuana, Broseker denied having any and told Alton that he didn't use marijuana. Broseker subsequently was handed over to the staff at the Tygart Valley Regional Jail. After placing Broseker in a holding cell, TVRJ corrections officer H.D. Bennett noticed that Broseker "constantly (kept) ahold of his paperwork and was acting suspicious," the complaint states.
Bennett and another correctional officer later entered Broseker's cell and allegedly found a plastic bag containing a "green leafy substance concurrent (sic) with marijuana" folded up in the paperwork, according to the complaint.
Riggleman set bond at $10,000 property or surety, and Broseker remained in the TVRJ as of presstime.
The penalty for a conviction of bringing contraband into a state correctional facility is a fine between $1,000 and $5,000, confinement in the state penitentiary for two years to 10 years, or both; or, in the discretion of the court, confinement in regional jail for up to one year and a fine of up to $500.
On Jan. 30 in Randolph County Circuit Court, Broseker was sentenced to one to 10 years in the state penitentiary for one felony count of destruction of property. Circuit Judge Jaymie Godwin Wilfong ordered that a restitution of approximately $2,634 be paid to the victims in the case.
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