On August 14, 2010, Ptlwn. M. J. Somers and Sgt. Witt of the Martinsburg City Police Department responded to
Klee Drive in the area of Apple Harvest Drive for a report of a larceny from a vehicle and destruction of property that was in progress. Once at the scene it was determined that nine (9) batteries and other items had been stolen from various construction vehicles and several windows had also been broken on the vehicles.
During the investigation a description of the vehicle and the registration number was provided by a witness and the vehicle was located and stopped by Deputies from the Berkeley County Sheriff’s Office on
Foxcroft Ave. in Martinsburg. Ptlm. Shelton and Ptlm. Ruffner of the Martinsburg City Police also responded to that area. Some of the stolen property was recovered from the vehicle at the time of the stop. Two of the vehicle’s occupants were arrested and transported to the Martinsburg City Police Station for processing. One of which is a 17 year old juvenile, the other is Kim Anthony Kozak, 21, of Martinsburg. The third subject, Robert Lee Bender,25, was released at the scene. Warrants have been obtained for Robert Bender’s arrest.
All three suspects are being charged with Grand Larceny, conspiracy to commit Grand Larceny, Destruction of Property and conspiracy to commit Destruction of Property. All four charges are felonies.