Crimes/Punishment

Arnoldsburg Couple Charged with Child Neglect with Risk of Serious injury and Conspiracy

On Friday, July 7, 2023, at approximately 10:15 a.m Cpl. Brian Young of the West Virginia State Police was dispatched by Calhoun County 911. Dispatch informed him that a young child had entered the Family Dollar in Arnoldsburg, Calhoun County, WV and advised the workers inside that her parents did not want her anymore and that she had not eaten in several days.

Responding immediately to the location and arriving at about 10:30 a.m. Cpl. Young walked to the break room, where the victim was seated at the table with two female employees. The employees informed the officer that the child lived on the other side of Arnoldsburg Road and stated her father’s name was Ryan Hardman and her step mother’s name was Ellio Simms (Hardman) and the girl was eight years old.

Cpl. Young inquired of the victim as to why she was at the store shopping by herself. She explained to this officer that she was hungry because Wednesday, July 5, 2023, she didn’t eat and 6, 2023, she had only had one peanut butter and jelly sandwich. She stated that she felt dehydrated because she hadn’t drunk enough water and had come over to see if the Family Dollar Store had anything for her to eat. The officer then inquired if she had any brothers and sisters to which she stated she had “two brothers and one sister.” The victim did not know her address but described the house that she lived in and stated an address on Rustic View Lane. When asked what her father’s name was, she state Ryan Hardman and her stepmother was Ellio (Simms) Hardman. She stated her parents did not want her any more, and said that she had an attitude. She said when her parents think she has an attitude, they tell her she’s not being good, and they don’t want her. She stated this was not the first time they told her they didn’t want her. The victim advised this officer she did not want to go back to the house.

In his complaint Cpl. Young stated that he had asked her if she had food at her house to eat and just no one to wake up and fix it to which she stated, her 12 year old sister had fixed her the sandwich after her mother told her to. She said she was told to go eat it upstairs because she was not allowed to come downstairs unless she had to use the bathroom. She stated her mother only feeds her once a day. When Young asked her as to the last time that she had eaten, to which she stated, “yesterday she had one peanut butter and jelly sandwich.” He then asked if she had anything to drink to which she said “No.” She stated she had eaten the sandwich in the middle of the day. She said she ate it upstair but did not eat anything the day before. This officer noted that the child had only her teddy bear and no shoes or socks on her feet. The employees advised that the victim said she was going to walk to a friend’s house when she left there, but they told her they could not allow her to by herself because it was too dangerous.

This officer then requested DHHR CPS to his location. This officer along with DNR Officer Jonathan Holcomb, then drove to the residence described by the victim, being 64 Rustic View Lane in, Arnoldsburg, Calhoun County, WV and arrived at approximately 10:53 a.m. The officers knocked on the door multiple times before the accused, Ryan Hardman, answered the door. The distinct smell of marijuana odor was so strong near the back door, when the accused open the door both officers immediately noticed the same. This officer then requested to come inside the residence and speak with the accused to which he attempted        to deny entrance. Cpl. Young then advised him they were coming in to check for his children because he was missing one of them and they would be checking the safety of the other children.

Cpl. Young then inquired to the accused as to how many children he had in the residence, to which he stated he had four. The accused then pointed out two male children lying in the floor of the living room and stated they had two girls staying upstairs in the bedrooms. This officer then escorted the accused wife, Ellio (Simms) Hardman, also the accused, upstairs to the children’s bedrooms while officer Holcomb remained in the living room. Present upstairs was only the 12 year old sister of the victim. When asked if anyone else was present upstairs with her, she stated only her sister, the victim, (who was not present).

When Cpl. Young returned downstairs to the living room he inquired if everyone was present to which Ellio stated the victim was not present in the house. She advised Young that the victim was her stepdaughter and Ryan’s biological daughter. Cpl. Young then inquired if they had any idea where the victim was. Ryan stated that she assumed that she was upstairs with her sister. This officer then explained to both parents their daughter was safe.

Young then requested permission to search the residence. Drug paraphernalia was discovered to include a ceramic container containing a plastic baggie with green leafy substance identified as marijuana. Also covered were three used glass smoking pipes, 2 grinders and various papers for smoking.

The parents stated the victim had left the house like this before on two separate times to this time when she was seven years of age. Young asked if the back door was locked or unlocked this morning, to which Ryan stated he could not remember if it was locked or unlocked stating that she could have unlocked it based on the location of the locks.

The officer then examined the cupboards and pantry where the food was stored . There appeared to be enough food in the cupboards, food pantry, refrigerator a freezer for the entire family. None of the food appeared to be out of date or unusable.

Young then exited the building and spoke to the victim who  was standing outside the back door with the CPS worker. When he asked the victim was to how she had excited the house that morning without anyone knowing, she explained that she went out of the second story window and pointed it out to the officer. She further explained that she had taken the screen out of the window before hanging out of the window and dropping to the ground. Young asked her if it hurt when she jumped out the window, to which she stated “yes it did.” He asked her why she had decided to jump instead of walking out the door, to which she stated she was not allowed to go downstairs.

He asked her then if she had hit the air conditioner when jumping down, for which she answered she hit her foot on the air conditioner. She said she couldn’t jump out the window on the other side because the screed was screwed into the window.

When Young informed her that he and Officer Holcomb were going to the Dollar Store and then come back, the victim expressed her fear and requested that they stay with her at the house.

Holcomb and Young examined the outside of the house and the second story window where the victim stated she jumped out. They observed small hand prints left on the vinyl siding as the hands slid down from the second story window, passing the first window. Also viewed were impressions in the tall grass where she had said she landed that appeared to smashed down in that area. The officers noted that there were hazards that could have resulted in serious injury or death if the child’s head would have struck them on the way down, such as a metal air conditioner directly below the second story window, or the wooden stump located bedside the residence near where the victim landed.

Also noted was the fact that the victim, being a small 8 year old child crossed a main road with vehicles of different sizes emerging from a blind curve and blind driveways. The victim was unsupervised and planning to travel to other houses in the area.

All four children were removed from the residence on Wednesday, July 12, 2023. The victim disclosed that both of her legs hurt from jumping out of the window and her left foot is still hurting and swollen. The victim was taken to the doctor and given a wrap for her foot and over the counter pain medication for the pain in her legs. The victim also disclosed that she would go up to three days at a time without being fed. She would be punished by being sent to her room where she had to lay in the bed all day, on her side, facing the wall, and she was not allowed to get up and go to the bathroom for days at a time sometimes. Her sister witnessed this and stated that it could occur up to a week at a time.

Charges were filed against Ryan Keith Hardman and Ellio Simms Hardman for Child Neglect Creating a Risk of Serious Injury and Conspiracy. (Codes below) They were arrested and taken to the Central Regional Jail where they are currently awaiting trial with individual bonds set at $100,000.

§61-8D-4c. Child neglect resulting in injury; child neglect creating risk of injury; criminal penalties.

(c) If a parent, guardian or custodian grossly neglects a child and by that gross neglect creates a substantial risk of death or serious bodily injury, as serious bodily injury is defined in section one, article eight-b of this chapter, of the child then the parent, guardian or custodian is guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than $3,000 dollars or imprisoned in a state correctional facility for not less than one nor more than five years, or both.

§61-10-31. Conspiracy; construction of section; penalties.

It shall be unlawful for two or more persons to conspire (1) to commit any offense against the state or (2) to defraud the state, the state or any county board of education, or any county or municipality of the state, if, in either case, one or more of such persons does any act to effect the object of the conspiracy.

Nothing in this section shall be construed to supersede, limit, repeal or affect the provisions of section eight, article nine, chapter three; section two, article one, chapter five; section thirty-eight, article three, chapter five-a; section seven, article seven, chapter twenty; section sixteen, article six, chapter sixty; sections seven, eight, nine and ten, article six, chapter sixty-one; or section one, article eight, chapter sixty-two; all of this code. It shall not be a defense to any prosecution under this section thirty-one that the conduct charged or proven is also a crime under any other provision or provisions of this code or the common law.

Any person who violates the provisions of this section by conspiring to commit an offense against the state which is a felony, or by conspiring to defraud the state, the state or any county board of education, or any county or municipality of the state, shall be guilty of a felony, and, upon conviction thereof, shall be punished by imprisonment in the penitentiary for not less than one nor more than five years or by a fine of not more than $10,000, or, in the discretion of the court, by both such imprisonment and fine. Any person who violates the provisions of this section by conspiring to commit an offense against the state which is a misdemeanor shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by confinement in the county jail for not more than one year or by a fine of not more than $1,000, or, in the discretion of the court, by both such confinement and fine.

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9 Replies to “Arnoldsburg Couple Charged with Child Neglect with Risk of Serious injury and Conspiracy

  1. There is no punishment harsh enough, no jail sentence long enough, to impose on these two scumbags. They are poster children for bringing back public flogging, and worse. I only hope and pray that ALL of their children are taken away from them — permanently!

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