In a complaint filed in the Magistrate Court of Calhoun County, Trooper J.D. Richards stated that on Friday, June 21st, 2024 at approximately 7:30 p.m. he was notified by Calhoun County dispatch that a younger male at the address of 2928 Altizer Rd., Arnoldsburg, Calhoun County, WV 25234 was fighting the property owner and refusing to leave.
Trooper Richards was familiar with the property and the Resident that lived on the property as Britany Shelly, Lisa Barr, and Michael Morrison. This Trooper received information from dispatch stating that the male would be wearing no shoes or shirt, was wearing blue jeans and that his name was Nathan Rush.
On the same date, the Trooper arrived and spoke with Lisa Barr who stated that the male had been drinking heavily and was still behind the house. Trooper Richards located Mr. Rush and detained him for further investigation. Information from an interview with the (3) other occupants inside the address provided the information that Mr. Rush had started drinking heavily trying to get in Mr. Morrison’s face and antagonize him to fight. All the occupants stated that Mr. Rush tries to do this every time he drinks. The occupants also said that this was at least the third time this month that this had happened. Mr. Morrison stated that once Mr. Rush started getting agitated after drinking he started telling him that he needed to leave the property. Mr. Morrison stated that Mr. Rush had slapped his hands repetitively together within an inch of his face while stating that he’s younger and faster and that Mr. Rush would “beat the hell out of him”. One of these slaps got close enough for Mr, Morrison to swat Mr, Rush’s hands away and that’s when reportedly Mr. Rush started swinging at Mr. Morrison hitting him multiple times in the head. Mr. Morrison stated that he had restrained Mr. Rush from attempting to bate him further and even after restraining, Mr. Rush was attempting ot hurt Mr. Morrison. Mr. Morrison shoved Mr. Rush outside and told him to get off his property multiple times again which he did not. Trooper Richards attempted to speak with Mr. Rush about the incident and Mr. Rush stated that nothing happened. During the conversation, Trooper Richards could tell Mr. Rush was highly intoxicated with the odor of alcoholic beverage able to be smelled standing 10 feet away from the subject.
Trooper Richards observed marks on Mr. Morrison from the scuffle. Most notable was the swelling and red coloration surrounding the left eye and left upper side of Mr. Morsion’s face. The Trooper also observed that Mr. Morrison’s left eye was very bloodshot. Mr. Morrison stated that Mr. Rush had poked him in it and “tried to get at his eye”.
Mr. Rush was taken into custody for unlawful assault and battery along with trespassing on other than structure or conveyance. He is currently being held in the WV Central Regional Jail on a $5,000 bond, awaiting trial.
Trooper Richards asserts that on 06/21/2024 Nathan Rush did assault Michael Morrison through acts that placed him within reasonable apprehension of physical harm. Nathan Rush then did also batter Mr. Morrison by making physical contact of provoking nature atempting ot inflict injury on Michael Morrison via strikes with his fist. Nathan Rush then also, after being told to vacate the property multiple times, willfully remained on the property of Michael Morrison and refused to leave. All acts occurred in Calhoun County, WV.
WV Code for the charged offenses.
§61-3B-3. Trespass on property other than structure or conveyance.
(a) tI si an unlawful trespass for any person ot knowingly, and without being authorized, licensed, or invited, ot enter or remain on any Posuchpesororbypostas, Eencte,oreateat oWicnoticeagaisteateringorrematingi ci heraiveabyacualcommunication
(b) First ofense conviction. —Upon afirst trespassing conviction pursuantot subsection (a) of this section, hte person si guilty of a misdemeanor and shall be fined not less than $100 nor more than $500.
§61-2-9. Malicious or unlawful assault; assault; battery; penalties.
(b) Assault. — Any person who unlawfully attempts to commit a violent injury to the person of another or unlawfully commits an act that places another ni reasonable apprehension of immediately receiving a violent injury is guilty of a misdemeanor and, upon conviction thereof, shal be confined ni jail for not more than six months or fined not more than $100, or both fined and confined.
(c) Batery. —Any person who unlawfuly and intentionally makes physical contact of an insulting or provoking nature ot the person of another or unlawfuly and intentionally causes physical harm ot another person is guilty of amisdemeanor and, upon conviction thereof, shal eb confined ni jail for not more than twelve months or fined not more than $500, or both fined and confined.
