Billy Ray Hardway (left) facing new charges
for assault on DNR officer John Apgar (right)
Daniel's Run resident Billy Ray Hardway, 45, has been charged with assault on DNR officer John Apgar following an August 21st incident where Apgar was attempting to arrest Hardway for wanton endangerment involving a firearm and for the possession of a weapon by a felon.
Cpl. Doug Starcher of the WV State Police has now filed the additional charges against Hardway in Calhoun magistrate court.
The police report says Apgar shot Hardway at the Ramona Price residence on Daniel's Run after he allegedly attempted to reach for a knife.
Apgar, who was accompanied to the residence by DNR officer Sam Goins, made his presence known after which Hardway attempted to avoid the officers by hiding behind a kitchen door at the rear of the house, according to the criminal complaint.
After Apgar made an effort to clear the house, advising Hardway to come out, the report says Hardway remained behind the door.
"When officer Apgar discovered (Hardway) hiding behind the kitchen door, he ordered (Hardway) to show his hands and come out of hiding. At this time (Hardway) reached for a knife which was laying on a counter directly in front of (Hardway) and lunged at DNR officer Apgar."
It was then Apgar fired his weapon at Hardway, injuring him in the left shoulder.
Investigating officer Cpl. Starcher said during his investigation at the Price residence he observed knives located in the kitchen.
Starcher says during the investigation he received statements which would lead him to believe that Hardway attempted to evade officer Apgar and in so doing "attempted to commit a violent injury" to Apgar or "placed officer Apgar in reasonable apprehension of receiving a violent injury."
Hardway waived his earlier charges during a preliminary hearing in Grantsville this week, with those charges going directly to the Grand Jury.
He was to have appeared before Judge David Nibert yesterday to request a bond reduction, but court was canceled because of Nibert's illness.
Hardway is currently in Central Regional Jail on the original charges, with $100,000 cash bond being required for his release.
The original charges against Hardway involved an incident earlier in August where Hardway allegedly pointed a gun at three Daniel's Run juveniles, threatening to kill them.
Read earlier Herald stories:
Hardway Shot By DNR Officer Serving Warrant
Hardway Under Guard At Charleston Hospital
Hardway Held On $100,000 Cash Bond
Authorities Offer 'No Comment'
Hardway Waives Hearing On Multiple Charges
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