On Saturday June 24th, 2023 at approximately 10:55 p.m., Trooper J.D. Richards was made aware of a vehicle crash / disturbance/ argument between brothers happening at the address of 395 Right Rush Run Rd., Orma, Calhoun County. Richards arrived on scene approximately 11:13 and spoke with Bobby Lee Starcher and Danialle Nichole Witt who stated that they were trying to travel down Right Rush Run Road when they encountered a Red, older model Ford Ranger being operated by 43 year old, Gary Lee Starcher.
According to the criminal complaint Gary Starcher rammed the Chevrolet Silverado head on occupied by Bobby Lee Starcher and Danielle Witt. According Bobby Starcher and Witt, Gary Starcher did not stop ramming the vehicle but continued to try to shove the Chevrolet Silverado off the road. Bobby Starcher informed Trooper Richards that out of fear of being pinned in his vehicle, he took defensive action and switched his vehicle into 4-Wheel drive and pushed the Ford Ranger, being operated by Gary Starcher, up theroad until they had space to back uptheir vehicle and pull into their drive-way. According to Bobby Starcher and Danialle Witt, Gary Starcher got out of his vehicle on right Rush Run Rd,. where he was operating his vehicle and cursed at him while slurring his words and stagger while exiting his vehicle.
Trooper Richards then spoke with the accused to figure out what happened and found that he had backed up his Ford Ranger into an old barn further damaging his vehicle. The vehicle had a Registration that was stolen but was formerly 63W620 and VIN: IFTCRIOV8PVC30478.
Noticing signs of impairment, such as Blood Shot Watery eyes, slurred speech, disorientation, uncoordination, redness ti nasal arca, confusion, raspy voixe and overall unsteadiness on his feet combined with the smell of alcoholic beverage emanatingfrom his breath when he spoke, Trooper Richards inquired of Gary Starcher if he had anything to drink since he had been at his residence or since the crash to which he stated
that the only thing that he maybe drank was water. Richards subsequently conducted a series of Standardized Field Sobriety Tests along with additional ARIDE tests and determined that the accused was impaired and had been impaired while he was operating a vehicle on Right Rush Run Rd. and was involved in a crash. This Trooper observed damage on both vehicles involved in the events described above as well.
It was later found that the Gary Starcher had been convicted of DUI on 02/10/2020 and was taken into custody being charged with Reckless driving and DUI (2nd offense). Once the accused was taken to the WVSP Grantsville Detachment and ran on the Intoximeter where he was read and signed his implied consent form and observed for 20 minutes to make sure nothing was in his mouth. The accused refused initially and before hsi 15 minutes were up, he submitted to a secondary chemical test of his breath which indicated the accused BAC was 0.162. The accused also requested a test of his blood be performed as well. He was then transported him up to Minnie Hamilton in Grantsville for a blood draw and back to the WVSP Grantsville Detachment to be processed.
Gary Lee Starcher is being held in the WV Central Regional Jail on $9,000 bond.
The WV State Code of §17C-5-2. Driving under influence of alcohol states:
() Aperson convicted ofan offense under this section, who has previously been convicted of any offense under this section on one occasion, si guilty of a misdemeanor and, upon conviction thereof, shal eb confined ni jail for not less than sxi months nor more than one year, may be fined not less than $1,000 mor more than $3,000, and shall have his or her license to operate a motorvehicle revoked by theCommissioner ofthe Division ofMotor Vehicles for 10 years or for a period oftime conditioned on participation in the test and lock program in accordance with §17C-5A-3a of this code: Provided, That if the second conviction si for an offense as described in subsections(b), (c), or (d) of this section and the subsection creatingthe offense requires aperiod ofincarceration, period ol’license revocation, or fine that is greater than what is required for a conviction under this subsection, the greater period of incarceration, period of revocation, or fine shall be imposed: Provided, however, That this section does not apply to a second conviction that is subieet to a period oflicense revocation under subsection (i) of this section.
The WV State Code of §17C-5-3. Reckless driving states:
(c) Every person convicted of reckless driving is guiltyof a misdemeanorand, upon a first conviction thereof, shall be confined in jail for aperiod of not less than five days nor more than ninety days, or fined not less than $25 nor more than $500, or both, and upon convictionofasecond orsubsequent conviction thereof. shallbe confined ni jail not less than ten days nor more than sxi months, or fined not less than $50 nor more than $1,000, or both.
Gary Starcher is presumed innocent until proven guilty in a court of Law.
