Prosecuting Attorney Nigel Jeffries filed a complaint in the Magistrate Court of Calhoun County on May 10th, 2023, stating the following:
That DONALD POE GUNN on the January 19, 2022, in the County of Calhoun, State of West Virginia, did feloniously, knowingly, and with the intent to defraud, commit a fraudulent insurance act, as that term is defined in West Virginia Code § 33-41-2(e)(1)(C), through his materially false statements, to-wit: DONALD POE GUNN falsely stated that his vehicle had been stolen when making an insurance claim after said vehicle had been involved in a motor vehicle accident, and DONALD POE GUNN knew that statement to be false when he
made it, in the presentation or preparation of a statement, as that term is defined in West Virginia
Code § 33-41-2(1), to an insurer, a reinsurer, broker, or its agent knowing that said misrepresentation or concealment of material information would be used in support of, or concerning, a claim for payment or benefit in excess of one thousand dollars ($1,000.00) in value pursuant to an insurance policy or reinsurance contract, all in violation of West Virginia Code §33-41-11(a), a felony, against the peace and dignity of the State of West Virginia.
The complaint is based on the following facts:
On or about December 18, 2021, a 2013 Ford F-150, (“Vehicle”) belonging to Donald Poe Gunn was involved in a single-vehicle accident on Route 5 in Big Bend, Calhoun County, West Virginia. The operator of the Vehicle fled the scene. A cell phone was recovered from the Vehicle. Trooper Joshua D. Richards (“Trooper Richards”) was able to identify the alleged driver of the Vehicle based on “game camera” footage collected from a property near the scene of the wreck.
Based on a photograph from the “game camera” Trooper Richards was able to identify the driver as Issac Charles Grounds. Trooper Richards also verified that Isaac Charles Grounds’ privilege to operate a vehicle was suspended at the time of the accident. Further, it was discovered that Isaac Charles Grounds was wanted for a parole violation at the time of the accident, which is likely why he fled the scene.
Subsequently, on or about December 20, 2021, Donald Poe Gunn filed an automobile insurance claim for the loss of his Vehicle. As a basis for the claim, Donald Poe Gunn did assert that his Vehicle was stolen from 2845 Altizer Road, Arnoldsburg, Calhoun County, West Virginia, when he left his vehicle with the homeowner LaFawn Laughlin on or about December 17, 2021. LaFawn Laughlin and Donald Poe Gunn gave recorded statements to an insurance claim adjuster on or about January 24, 2022, and January 19, 2022, respectively. In both of their recorded statements, Donald Poe Gunn and LaFawn Laughlin aver that neither individual permitted Isaac Charles Grounds to operate the Vehicle or had knowledge that Isaac Charles Grounds was operating the Vehicle at the time of the accident on December 18, 2022. In fact, LaFawn Laughlin asserts that the last time she spoke to Isaac Charles Grounds was on December 8, 2021. Similarly, Donald Poe Gunn states that he last spoke to Isaac Charles Grounds “well over a month ago.” However, the evidence subsequently gathered paints a different picture. A search warrant was executed for the contents of the cell phone found in the Vehicle mentioned above. Furthermore, Trooper Richards obtained LaFawn Laughlin’s Facebook records from on or about December 18, 2021. The phone records and Facebook messages demonstrate that LaFawn Laughlin permitted Isaac Charles Grounds ot utilize Donald Poe Gunn’s Vehicle on
or about December 18, 2021.
[EXHIBIT 1]. Indeed, contrary to her statement to the insurance adjuster, LaFawn Laughlin was having regular contact with Isaac Charles Grounds, up to and
including on December 18, 2021. At or around 19:51 hours on December 18, 2021, Amy Brooke Cain sends LaFawn Laughlin a Facebook message informing LaFawn Laughlin that a truck which looks like hers was involved in an accident and the truck is currently
on its way to Westfalls Wrecker Service and that LaFawn Laughlin should contäct Westfalls.
LaFawn Laughlin messages Amy Brooke Cain back stating that she will have Donald Poe Gunn call Westfalls since the Vehicle is in his name. Amy Brooke Cain and LaFawn Laughlin message back and forth about the accident, at which time, Amy Brooke Cain messages LaFawn Laughlin and informs her that she called “d,” and “d* told her that he made “him” take a nap before he left so this wouldn’t happen.
[EXHIBIT 2]. Collateral evidence gathered in this case, and corollary cases, makes clear that the “d” of whom Amy Brooke Cain is referencing is Dylan Paul Little, and the “him” is Isaac Charles Grounds. The first item of corroborative evidence for this inference includes text messages between Issac Charles Grounds and Amy Brooke Cain mentioning Dylan Paul Little obtained from the search warrant of the phone left in the car.
[EXHIBIT 3]. The second item of corroborative evidence includes acriminal complaint from January 10, 2022, wherein Dylan Paul Little and Issac Charles Grounds were arrested together for drug possession at Dylan Paul Little’s residence.
[EXHIBIT 4].
Therefore, Amy Brooke Cain knew that LaFawn Laughlin loaned Isaac Charles Grounds
the Vehicle on the day ni question, as is evident from the messages between the two. Based on this knowledge, Amy Brooke Cain then counsels LaFawn Laughlin to claim that the Vehicle was stolen. LaFawn Laughlin messages Amy Brooke Cain back, stating that she and Donald Poe Gunn would go looking for “him.” Again, the “him” being Isaac Charles Grounds. Thus, either at the time of the accident or shortly thereafter, Donald Poe Gunn knew who was operating his Vehicle when it wrecked as is made clear by the Facebook messages between LaFawn Laughlin and Amy BrookeCain mentioning that LaFawn Laughlin and Donald Poe Gunn were looking for “him” when they later told the insurance adjuster that they had no knowledge of who was in possession of the Vehicle when it wrecked. Further corroborate evidence bears this out. Indeed, in June 2022, after Isaac Charles Grounds was indicted for the unrelated crime of Fleeing in a Vehicle With Reckless Indifference, Isaac Charles Grounds named Donald Poe Gunn as his alibi witness for a crimethat occurred on January 3, 2022, at 11:30 pm.
[EXHIBIT 5]. However, when asked by the insurance adjuster on January 19, 2022, when the last time he saw or spoke to Isaac Charles Grounds, Donald Poe Gunn states “well over a month ago.” This statement evinces a clear intent on Donald Poe Gun’s part to obfuscate and misrepresent the extent and nature of his contacts with Isaac Charles Grounds. Donald Poe Gunn also affirms in his recorded statement that LaFawn Laughlin did not give anyone else permission to operate his Vehicle on December 18, 2021. All of the forgoing evidence points to that statement being false and further shows that Donald Poe Gunn knew this statement to be false at the time he made it as the messages between LaFawn Laughlin and Amy Brooke Cain reveal that LaFawn Laughlin permitted Isaac Charles Ground to use the subject Vehicle and once LaFawn Laughlin learns that the Vehicle has been wrecked both she and Donald Poe Gunn go looking for Issac Charles Grounds by her own
admission to Amy Brooke Cain. Thus, Donald Poe Gunn knew on December 18, 2021, who wrecked the Vehicle. Knowing that his insurance would deny his claim if he disclosed that Isaac Charles Grounds who does not have a valid operators was driving the Vehicle at the time of the wreck and, further, that LaFawn Laughlin permitted permitted Isaac Charles Grounds to operate the Vehicle, Donald Poe Gunn and LaFawn Laughlin knowingly and intentionally give materially false statements to an insurer and agent of the insurer for the expressed purpose of obtaining insurance proceeds for the loss of his Vehicle in the amount of approximately $17,000.
The foregoing acts did take place in the confines of Calhoun County, West Virginia.
Donald Poe Gunn and LaFawn Laughlin were arrested on May 10th, 2023 and are now being held in the Central Regional Jail on $10,000 bond each to await trial. U
