Man charged with burglary, battery in W.Va. break-in

December 03, 2012

MARTINSBURG, W.Va. — A 35-year-old man is accused of attacking a sleeping man early Monday after the victim’s residence was broken into through a basement window, according to Berkeley County Magistrate Court records.

Daniel Barry Shipley was arraigned Monday by Magistrate Sandra L. Miller on charges of burglary, battery, carrying a deadly weapon and obstructing an officer, according to court documents.

Shipley had no fixed address, according to court documents.

Martinsburg Police Department Patrol Officer E.C. Neely responded to a reported fight in progress in the 100 block of Gussie Avenue in Martinsburg at 2:12 a.m. and found that the victim’s face was bloodied, according to court documents.

Police indicated the victim was kicked and punched several times while he was asleep in an upstairs bedroom, according to court documents.

Police found the defendant, who was asked to leave the residence earlier after he became intoxicated, in a storage chest in the basement, according to court documents.

When removed by police from the container, an 8-inch butcher knife fell from the defendant, according to court documents.

Neely said in a criminal complaint that the defendant resisted arrest and that he was physically struck after a stun gun shot failed to gain compliance, according to court documents.

The defendant allegedly entered the residence by removing a large board covering a basement window after being asked to leave, according to court documents.

Neely said officers previously responded to the residence earlier Monday morning after the defendant was asked to leave, according to court documents.

The homeowner separately told police that Shipley once resided at the home, but had been gone for months and had no current ties to the property, according to court documents.

“It was his understanding that Shipley was now living somewhere else because he had no personal items at the house,” Neely said in his complaint.

— Matthew Umstead

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