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Man charged with pulling gun at downtown Elkins bar

November 1, 2013
By Chad Clem - Staff Writer , The Inter-Mountain

ELKINS - An Elkins man was charged with wanton endangerment with a firearm Wednesday for pulling a gun on an individual at a local bar in August, according to police.

Timothy Adam Marshall, 26, was arrested after police were dispatched to Lexy's Bar on Davis Avenue on Aug. 25 for an alleged domestic dispute between Marshall and a female inside the bar and a second dispute between Marshall and a different individual in front of the bar, according to the criminal complaint.

When the responding officer, Senior Patrolman B.D. Tice, arrived on scene, a large crowd was gathered in the middle of Davis Avenue and in the parking lot of Gino's. Police found "a white male wearing a black shirt walking towards (police) with what appeared to be a black... hand gun," and Tice responded as he "drew his service weapon and ordered the man to put the gun on the ground," according to the criminal complaint. The man was eventually identified as T.J. Shockley, the bouncer for Lexy's Bar, the complaint states.

Shockley complied and placed the weapon at his feet and the investigating officer could see that the "weapon did not have a magazine inserted but was still unsure if the weapon was loaded," according to the complaint. After Tice restrained Shockley, bystanders identified the man who was reported to have pulled the gun as Timothy Adam Marshall. Tice found Marshall in a Ford pick-up truck in the parking lot, according to the complaint.

Tice reportedly ordered Marshall to come toward him and Marshall refused to do so at first, but eventually complied, the complaint stated. Marshall was promptly restrained, searched and placed in the officer's patrol car for safety, police said.

Tice spoke with several individuals who were present at the scene who said Marshall was escorted out of the building by Shockley. Marshall then "reportedly turned towards Shockley, reached under the front of his shirt, and pulled a pistol from the front of his waist band," and "pulled the slide assembly back, engaging a bullet into the barrel and then pointing the weapon at Shockley," according to the criminal complaint. Shockley told police he ran back inside.

According to the police report, Marshall "was then reportedly at a Ford pick-up in the parking lot where one of the bouncers told (Marshall) to leave the area and then the defendant reportedly pulled the gun again, and that was when the bouncer hit the defendant in the head and was able to get the gun away from him."

Marshall told Tice that "he was leaving the bar after being asked by a bouncer (to leave) and went to the Ford pick-up truck...when he was supposedly jumped by four males wearing black shirts," according to the criminal complaint. Tice wrote that he heard this same story from both Marshall and some witnesses who either would not give a statement or were too intoxicated to provide one, according to police.

The gun in question was identified as a black Glock 23 .40 caliber. Two magazines were found on the premises: one that was loaded and was reported to have been inserted in the pistol, and another that was empty that was found inside the bar and given to Tice while still on the scene scene, according to the complaint.

Marshall claimed that when he was in the bar he "had the pistol in a holster on the front of his pants visible to the public," and told the officer that he and his girlfriend had an argument in the bar, which resulted in him being asked to leave by Shockley, according to the complaint. The girlfriend was not present when Tice tried to locate her, police said.

Marshall was transported to the Elkins Police Department for processing and tests, including a preliminary breathing test. Marshall's blood alcohol content was measured at 0.097 percent, according to police.

After the tests, Marshall was taken to Davis Memorial Hospital for observation, where he "was instructed several times by staff not to remove his collar due to possible injuries," the complaint states. Marshall "became very irate and removed his collar and IV without permission," according to police. Tice was finally able to restrain Marshall and put his clothes back on despite Marshall's resistance, the complaint alleges.

While at the hospital Marshall was instructed by nurses to urinate in a bottle so his urine could be tested "for his kidneys," the complaint states. Marshall dumped the urine into the sink in his hospital room "so they couldn't test it," according to the complaint. Marshall was released by the hospital and then transported to Tygart Valley Regional Jail.

Marshall was arraigned by Magistrate Rob Elbon and is being held in TVRJ on a $10,000 cash bond.

 
 

 

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