Elkins man gets 5-year sentence over illegal possession of a gun

FAYETTEVILLE — A man accused of threatening to kill his boss, others and himself was sentenced to more than five years in federal prison last week for being a felon illegally in possession of a firearm.

Brett Edward Wenger, 48, of Elkins was sentenced Wednesday to 63 months followed by three years of supervised release, and he was fined $1,900 by U.S. District Judge Timothy L. Brooks.

Wenger was arrested at 11:23 p.m. June 22 in the parking lot of the Hiland Dairy Foods plant on 15th Street.

He was arrested on charges of possession of firearm by certain persons, simultaneous possession of drugs and firearms, possession of a controlled substance with intent to deliver, driving while intoxicated, forgery, resisting arrest and terroristic threatening.

Officers were called to the parking lot on a report of trespassing, according to a police report. The caller said Wenger, who recently was fired, was threatening to shoot the manager and “shoot up the property.”

While on their way, officers learned Wenger had a felony arrest warrant and received several alerts as to his being armed and dangerous, according to the report.

Officers found Wenger sitting in a blue Toyota Tundra with the engine running. They reported seeing a silver and black gun next to him. Wenger was immediately removed from the pickup. He resisted arrest when officers tried to handcuff him, according to the report. Wenger began to scream and kick the partition and threatened to shoot an officer when placed in the patrol car, the report said.

According to the report, the officers saw an empty whiskey bottle in the pickup. Wenger’s eyes were bloodshot and watery, his balance was poor and speech was slurred, and his breath smelled of intoxicating beverages, the report added. Because of his “violent and aggressive attitude,” according to the report, the officers were unable to do a field sobriety test.

Officers found a Smith & Wesson pistol with a loaded magazine and fives bottles of medical marijuana, with a total of about 1.78 ounces of marijuana products, in the pickup. A medical marijuana card was found, and it appeared the card was fraudulent, according to the report.

Employees told officers that they heard Wenger threaten to kill the plant supervisor, his wife, another man and then himself.

Wenger still faces state charges in Washington County Circuit Court. His next court appearance is set for April 2 before Judge Mark Lindsay.