PHILIPPI - Misdemeanor charges against a Fairmont man have been dropped so that a felony drug charge could be filed against him in Barbour County.
Kyle Hoyman, 23, was originally arrested May 23 on misdemeanor DUI second offense and driving suspended second offense charges. Those charges were dropped Friday, and Hoyman now faces a felony charge of possesion with intent to deliver, according to the Barbour County Magistrate's Office.
Hoyman is incarcerated in the Tygart Valley Regional Jail on a $10,000 cash only bond.
The charge stems from an incident on May 23 when police were called to a church parking lot on Scales Road off of Route 57 for a complaint about an intoxicated driver, according to the criminal complaint
When police arrived and made contact with Hoyman, he was allegedly sleeping in the driver's seat of a white Dodge Caravan while the vehicle was still on and in gear, according to the complaint. Hoyman allegedly had his foot pressed down on the brake, the complaint stated.
Police woke the defendant and noted in the complaint that he appeared to have "very blood shot eyes and slurred speech." Police were removing Hoyman from the vehicle when an officer noticed what appeared to be a smoking pipe and a large sum of cash inside, according to the complaint.
Three standard field sobriety tests were conducted, and Hoyman failed all of them, according to the complaint. Police then obtained a search warrant for samples of Hoyman's blood and urine, which tested positive for cannabis, amphetamine and opiates, the complaint states.
Later the same day, a search warrant was obtained for the vehicle Hoyman was discovered inside the complaint states. In the vehicle, police reported finding a red smoking pipe, a small plastic bag with five grams of a green leafy substance and a small plastic bag with three different kinds of pills which also included $7,485 in cash. The pills were identified in the complaint as Buprenorphine, a schedule III drug, and Clonazepam, a schedule IV drug.