On Sunday, August 13, 2023, Sgt. C.J. Weekley of the WV State Police responded to a domestic call from Calhoun County 911 who advised that a subject had come at someone with a knife at the Clary residence where there is a long history of domestic calls. Upon arrival at the scene at 1031 Left Fork Rush Run Road, Arnoldsburg, WestVirginia, Sgt. Weekley spoke to the victim, David O. Clary. He advised that his son who he lives with, David A. Clary, the defendant, walked into living room from the kitchen yelling and arguing. The victim stated that he looked and the defendant had a knife in his hand. He said he struck the defendant on the arm with his hand and the defendant dropped the knife.
The victim said that the defendant then put up his fists and struck him on the left side of his face. The victim advised that he picked up a mug that he had been drinking out of and struck the defendant in the forehead with it while defending himself. The victim said that he had been hit by the defendant earlier in the day and couldn’t get hit anymore. The defendant has 2 prior convictions in Calhoun County for domestic related offenses: domestic assault on or about 08/08/22 (found guilty) and domestic battery on or about 08/24/22 (no contest).
The WV Code states:
61-2-28(d): Domestic Assault 3rd Offense – Any person who has been convicted of a third or subsequent violation of the provisions of subsection (a) or (b)o f this section, a third or subsequent violation of the provisions of section nine of this article or subsection (a), section fourteen-g of this article, where the victim was a current or former spouse, current or former sexual or intimate partner, person with whom the defendant has a child in common, person with whom the defendant cohabits or has cohabited, a parent or guardian, the defendant’s child or ward or a member of the defendants household at the time of the offense who had previously been granted a period of Pretrial diversion pursuant to
section twenty-two, article eleven of this chapter for a violation of subsection (a) or (b) of this section or a violation of the provisions of section nine of this article or subsection (a). section fourteen-g of this article in which the victim was a current or former spouse, current or former sexual or intimate partner, person with whom the defendant has a child in common, person with whom the defendant cohabits or has cohabited, a parent or guardian, the defendant’s child or ward or a member of the defendant’s household at the time of the offense, or any combination of convictions or diversions for these offenses, is guilty of a felony if the offense occurs within ten years of a prior conviction of any of these offenses and, upon conviction thereof, shall be confined in a state correctional facility not less than one nor more than five years or fined not more than $2,500, or both fined and confined towit: Domestic assault – Any person who unlawfully attempts to commit a violent injury against his or her family or household member, or unlawfully commits an act that places his or her family or household member in reasonable apprehension of immediately receiving a violent injury.
David A. Clary is currently being held in the WV Central Regional Jail on a bond of $30,000 Cash or Surety. Mr. Clary is innocent until proven guilty in the court of law.
