In a complaint filed in Calhoun Magistrate Court by Trooper J.A. Elkins, the trooper stated that On November 11, 2026 at approximately 0030 hours, he was dispatched by Calhoun 911 Communications to 437 Daniels Run Road, Arnoldsburg, WV. for a suspicious vehicle complaint. Upon arrival to the above address, the Trooper observed a tan in color RZR All Terrain Vehicle (ATV) bearing no registration, sitting on the shoulder of the roadway. The Trooper proceeded to contact the driver, Thomas Ray Hughes, and inquired
about what he was doing in the caller’s driveway. The Trooper also contacted a juvenile aged twelve (12) years old hereinafter referred to as MK.
Mr. Hughes stated that he had stopped to charge his phone and use the
restroom. The undersigned Trooper made his way to the ATV and observed 3 opened Twisted Tea alcoholic beverages located in the cup holders. The undersigned Trooper had previously observed the accused driving the ATV
in Arnoldsburg. WV. at the Speedy Mart prior to receiving the call. The accused stated in an excited utterance that he had “a good bit” to drink. MK stated that the ATV belonged to his father and that they had taken it from their
residence at Mill Street in Grantsville, WV. to get beverages from the Speedy Mart in Arnoldsburg. Both Hughes and the juvenile stated that they had beverages to drink and were intentionally using back roads to avoid any attention.
Trooper Elkins contacted MK’s parents to pick him up and retrieve the ATV.
The Trooper explained and administered the Horizontal Gaze Nystagmus (HGN) test of Standardized Field Sobriety Testing (SFST) to Thomas Hughes and observed him to have distinct nystagmus at full deviation. The accused
then refused to do any further SFSTs stating that he was not able to complete the tests.. The undersigned Trooper Elkins placed the accused under arrest for Driving Under the Influence (DUI) and transported him to the Grantsville
WVSP detachment for processing.
Upon arrival at the detachment, the undersigned Trooper advised the accused of his rights and inquired whether he would consent to the Breathalyzer test. The undersigned Trooper read and advised the Wy Implied Consent
Statement form to the accused, timed the observation period of 20 minutes beginning at 0203 hours and administered the test at approximately 0225 hours. The accused blew a Blood Alcohol Content (BAC) of 142 during the breathalyzer test.
The accused is charged with the following:
$17C-05-02(d) (1)(E) DUI Ist Offense.
$61-8D-10 Contributing to the delinquency of a minor. He was transported to Central Regional Jail in lieu of arraignment.
