Waynesboro man avoids assault charge

By Jimmy LaRoue

Published: August 27, 2008

Assault charges against a Waynesboro man were dismissed Wednesday for lack of evidence in Staunton General District Court.
Kyle Brent Alston, 36, had been charged with assault and battery on police officer Brad Metje following a traffic stop gone awry during the Staunton Rocks music festival on May 17.
Metje testified during a preliminary hearing that, while on foot patrol, he observed Alston riding his 2001 Honda CBR 900 motorcycle the wrong way on North Central Street near the intersection of West Beverley Street.
Alston turned off his motorcycle, Metje said, but as he approached to gather more information, Alston restarted his motorcycle and took off. Metje said he tried to grab Alston’s shirt by the shoulder, but instead said he was dragged 11 to 12 feet with the bike before losing his balance and falling, suffering minor abrasions to his lower arm and shoulder.
“There was sparks going in front of my face,” Metje said.
Judge A. Lee McGratty said there wasn’t enough evidence to show that what Alston did was assault and battery on a police officer.
However, McGratty said there was enough evidence to send two felony charges of eluding police to the grand jury.
Alston still faces misdemeanor charges in Staunton for driving without a license, driving without a motorcycle endorsement and driving the wrong way on a one-way street.
He also faces a preliminary hearing today in Augusta County General District Court on an additional felony charge of eluding police.
In April, Alston was found guilty of DWI and given a 30-day suspended jail sentence and fined $250, with restrictions placed on his license, allowing him to drive only for designated purposes.