Angry that police had entered his home after a noise complaint, an intoxicated Dunbar man is now accused of threatening to kill police officers.
Police tried to involuntarily commit Jeffrey Martin Duttine on Thursday, but were unsuccessful.
Duttine, 57, is now charged with intimidating police officers. He allegedly said he was going "kill some motherf---ers," according to the criminal complaint, filed in Kanawha magistrate court.
Dunbar police had responded on Thursday to find Duttine blaring music from equipment on both the front and back porches, the complaint says. Police said Duttine was drunk at the time.
Police say they told him to take the stereo and speakers inside, and "stood inside the front door" to watch him carry a stereo back inside and make sure he did not grab a weapon.
Duttine called the U.S. Secret Service after they left and said police threatened him, that they were conspiring with his neighbors, and that he was going to "kill some motherf---ers."
"He said you better get someone's badge," the complaint states. "He was going to get a f---ing 12-gauge."
Captain S.E. Elliott, who wrote the criminal complaint, said that police filed a mental hygiene petition on Thursday but the mental health commissioner did not grant their request to commit Duttine.
He said the commissioner said Elliott, who was the officer who attended the hearing, "did not have enough direct knowledge of the crime that occurred." Elliott was not one of the responding officers but was informed about it by the officers who were.
"We always like to give the benefit of the doubt," Elliott said. "We felt he had some mental health issues. [But] once he was ruled competent, we decided, along with the Kanawha prosecutor's office, to file charges."
Magistrate Pete Lopez set bail at $10,000 cash-only during Duttine's arraignment Friday afternoon.
Duttine's charge is a felony. He could face one to ten years in prison and/or a fine of up to $2,000.
Reach Erin Beck at erin.beck@wvgazettemail.com, 304-348-5163, Facebook.com/erinbeckwv, or follow @erinbeckwv on Twitter.