TAYLOR COUNTY—After being placed on bond following a January 2022 arrest, and a resulting indictment by the Taylor County Grand Jury, failure to show up for court has sent one man back behind bars.
29-year-old Bryan Charles Chocky, of the Rosemont Community, was indicted by the grand jury on one count of wanton endangerment involving a firearm, after a bullet reportedly shot from his gun struck a neighbor.
The charge carries with it a potential sentence of not less than one nor more than five years in a West Virginia State Penitentiary, or, in the discretion of the court, confinement in a Regional Jail for not more than one year.
If found guilty, the court could also choose to impose a fine of not less than $250 nor more than $2,500 in addition to confinement, according to West Virginia State Code §61-7-12.
According to court documents, Chocky is accused of shooting his neighbor in late January.
Officers were called to the scene on Hillbilly Road in Rosemont, where they met with the victim in the case, who stated she had been sitting on her couch, playing with her five-month-old granddaughter, when she was struck in the face by a bullet.
The responding officer’s complaint stated that the bullet had come from outside the home and traveled through a window before hitting the victim’s right cheek. The 9mm bullet was recovered from below the victim’s feet.
A bystander reported to police that he and other neighbors had heard approximately six to ten gunshots from another neighbor’s residence.
Officers spoke with the accused, who according to the complaint, admitted that he had, in fact, been shooting his Tarus 9mm outside of his home, during the time that the victim had been struck by the bullet.
Chocky was taken into custody and formally charged for the incident, and after hearing the facts of the case, the Grand Jury found enough cause to indict him on the charge.
Following that indictment, the defendant was released on bond supervision through the Taylor County Community Corrections Program, but when it came time for his arraignment in Taylor County Circuit Court on April 18, Chocky failed to show.
He later was tested through Community Corrections, and that screen returned a positive result for multiple illegal substances.
A capias was issued for Chocky’s arrest, and he was taken into custody and was present in court before the Honorable Shawn D. Nines, Nineteenth Judicial Circuit Court Judge.
During that hearing, the court questioned the defense’s position, and Chocky’s counsel, Greg Michael, told the court his client wished to be placed back onto bond supervision through the Community Corrections program.
He further revealed to the court that they wished for the supervision to be transferred to Harrison County.
Finding that Chocky had continued to use drugs, thus presenting a safety concern for himself, Nines found that the defendant was not an appropriate candidate for bond supervision.
And because he had violated the terms of his supervision, Nines ordered that Chocky’s bond be revoked and that he would remain in jail pending future the resolution of the matter.
However, Nines, noting the strong pull that drugs can have on a person, and wanting the defendant to address his underlying drug issue, decreed that if Chocky could secure a bed in a long-term substance abuse treatment program, he would consider his release into the program.