By Alex Bridges -- email@example.com
WOODSTOCK -- Authorities say a Mount Jackson man accused of stealing a gun and impersonating a law enforcement officer allegedly stole gas from a neighbor while free on bond this week.
Judge Dennis L. Hupp on Wednesday in Shenandoah County Circuit Court revoked bond granted to Michael Jacob Simmons currently charged with burglary, grand larceny of a firearm, impersonating a law enforcement officer and brandishing a gun. Simmons also faces charges related to a Dec. 6 hunting incident.
Simmons, 19, of 13542 Senedo Road, appeared in the court with his attorney, C. Todd Gilbert, originally for a scheduled hearing to determine the defendant's competency to stand trial. Gilbert and Assistant Commonwealth's Attorney J. Ryan King advised Hupp that Simmons had been charged with new offenses including petty larceny and served with arrest warrants the morning before the hearing.
Hupp granted King's motion to revoke Simmons' bond but noted Gilbert could request the court to revisit the issue later.
A criminal complaint filed in the circuit court states that Deputy J.M. Treese went to 4578 Lutz Hollow Road, Mount Jackson, at 11:50 a.m. Tuesday for a report of a larceny. Robert Showman, of 14608 Senedo Road, stated someone had cut off the lock on his 250-gallon gasoline tank on his farm on Lutz Hollow Road and took a small amount of fuel from the container. Showman told Treese he suspected Simmons may have taken gasoline from the tank because the suspect did so about a year ago, according to the complaint. Treese spoke to Simmons about the Tuesday incident and the suspect confessed to cutting the lock and taking one gallon of gasoline from the tank which he used to run his lawnmower, the complaint states.
Information about the specific new charges was not available from the General District Court on Friday.
King's motion filed last week noted the court granted Simmons a secured bond on Sept. 26 provided he meet certain conditions to include that he surrender any firearms to the Shenandoah County Sheriff's Office. King states that as of the filing of the motion March 23 Simmons had not surrendered any firearms.
A sheriff's deputy stopped Simmons on Dec. 6 and charged him with trespassing to hunt and two counts of taking game out of season. A criminal complaint filed by the officer states he found Simmons driving a Jeep off property on Dodson Road with two deer carcasses. The officer states that Simmons confessed to hunting on the private property using a 30-06 rifle.
The hunting incident occurred while Simmons was free on bond awaiting trial and preliminary hearings for charges related to a Sept. 25 case which led authorities to charge him with burglary, theft of a firearm and brandishing as well as impersonating an officer.
Also at the Wednesday court appearance Gilbert told Hupp that clinical psychologist David Rawls completed an evaluation on Simmons and determined that his client appears competent to stand trial for the Sept. 25 charges. Hupp found Simmons competent and ordered the defendant to appear in the court April 11.
A criminal complaint states Deputy L.M. Ritenour went to 1193 Swover Creek Road, Edinburg, on Sept. 25 to respond to a report of a male brandishing a firearm. Ritenour found Simmons and the firearm then spoke to the alleged victim who told the officer the suspect said he planned to come to the residence, the complaint states. The alleged victim told the officer she advised Simmons not to come over but the suspect arrived anyway.
"Simmons stated he was a 'cop' and displayed a badge that resembled a real police badge," the complaint states. "Simmons [then] pulled out a black pistol and pointed it at her. Simmons stated he was a cop and could do whatever he wanted."
Simmons told the officer he took the gun from a neighbor's home.
Rawls' report filed March 1 states Simmons showed cooperation during the evaluation conducted Feb. 8.
"His ability to communicate was indicative of limited intellectual capacities," Rawls states. "Although a formal assessment was not conducted, I would estimate that he is functioning in the borderline mental retardation range of intelligence."
Rawls adds that Simmons "has experienced adjustment difficulties in life that are related to ADHD, linked intellectual resources, and brain dysfunction that leads to poor judgment." However those difficulties do not prevent Simmons from understanding proceedings or assisting counsel in his defense, according to Rawls.