James A. Matheny, 61, of Midkiff, was indicted on the charge of assault with a deadly weapon on a federal officer and a person assisting that officer and on a second charge of brandishing a firearm during and in relation to a crime of violence.
The indictment says that on or about February 28, in or near Midkiff, Matheny did knowingly, and by means and use of a deadly and dangerous weapon, a semi-automatic pistol, forcibly assault, resist, oppose, impede, intimidate and interfere with an FBI agent and an investigator from the West Virginia Secretary of State’s office while the agent and investigator were engaged in the performance of their official duties.
The indictment also says that, during the same incident, Matheny did knowingly use and carry a firearm, that is, a semi-automatic pistol, during and in relation to crimes of violence, that is, assault with a deadly weapon on a federal officer and assault with a deadly weapon on a person assisting a federal officer, both in violation of 18 U. s. C. § 111 (b), and did knowingly possess the gun in furtherance of a crime of violence, and did knowingly brandish said firearm during and in relation to and in furtherance of a crime of violence.
An earlier report from the W.Va. Secretary of State’s office said that the FBI agent and investigator were trying to question Matheny in connection with the investigation of voter fraud relating to the 2010 Primary Election in Lincoln County.
If convicted, Midkiff faces seven years to life in prison and a $250,000 fine.
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To contact Staff Writer Michael Browning, call 304-752-6950, extension 309, or email him at mbrowning@loganbanner.com.
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