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Bond modified in burglary case

January 22, 2014
By Chad Clem Staff Writer , The Inter-Mountain

ELKINS - The bond of a Randolph County man accused of stealing guns from an Elkins couple's home was modified in Randolph County Magistrate Court Tuesday.

David Leary, 48, of Elkins was arrested last week and charged with burglary of a residence for the alleged theft of a revolver and shotgun. Leary's bond was originally set at $50,000 cash only.

The couple reported that when they returned home at about 8 p.m. Jan. 4, they discovered that a dining room window had been broken out, according to the criminal complaint. The couple told police about Leary doing some work for them and said he knew where their Smith & Wesson revolver had been kept, the complaint stated.

Later, police discovered that a double-barrel shotgun was missing from the couple's residence as well. According to the complaint, Leary eventually told police that he had sold the guns for $50, and police retrieved the weapons.

Leary is a convicted felon and prohibited from possessing a firearm, police said.

On Tuesday, Leary's defense attorney, Timothy Prentice, told Magistrate George M. Riggleman that Leary agreed to waive his preliminary hearing in exchange for early discovery. Assistant Prosecutor Lori Gray had no objection to the agreement.

Prentice also moved to modify Leary's bond. Riggleman said he would not decrease the amount of the bond but agreed to modify it to $50,000 cash or surety.

"I will modify the bond but only because the guns were located and returned," Riggleman said. "Guns being unaccounted for worry me."

Contact Chad Clem by email at cclem@theintermountain.com.

 
 

 

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