Grand jury to hear fatal shooting case

November 24, 1997

Grand jury to hear fatal shooting case


Staff Writer, Martinsburg

CHARLES TOWN, W.Va. - A Ranson, W.Va., man arrested in the Nov. 14 shooting death of a Virginia man will have his case heard by a grand jury in January.

Following a preliminary hearing Monday, Magistrate Gail Boober found there was probable cause to hold Warren Adam Taylor Jr., 21, in the murder of Kim Ivan Flynn, 32, of Front Royal, Va.

"If when I shot the gun, the bullet killed that guy, I didn't mean it," Taylor said in a statement made to state police Nov. 15. The statement was read at the hearing by Trooper C.C. Wathen.


Flynn was a passenger in a car that was fired at in the parking lot of the John Brown Lodge 841 Elks Club on U.S. 340 south of Charles Town, according to Wathen's testimony. The shooting may have stemmed from an altercation inside the bar a few minutes earlier, Wathen said.

The fatal shot may have been fired after a bystander grabbed Taylor, according to the testimony. Alonzo Lee Puller said Taylor appeared to fire over the car twice.

"That's when I grabbed him from behind," according to Puller, who runs the club. Puller said he had Taylor's arms pinned at his side and the two were struggling as the car drove by.

"As I was holding Warren, the gun went off twice," Puller testified. He said he then wrestled Taylor to the ground.

In the car, driver Bryant Folks heard Flynn say he'd been hit, according to Wathen. Folks and another passenger, Kenneth Tigney, took him to Jefferson Memorial Hospital, he said.

The call came in at 2:12 a.m., but Flynn died before Wathen arrived at the hospital 15 minutes later. Police said Flynn was hit in the chest, but Wathen said he did not have the autopsy results.

"I'm here to declare myself innocent and tell you there ain't no way I shot that guy," Taylor told police in his statement.

Taylor told police there were about 15 people in the parking lot and claimed he did not know where the gun came from. He said he heard shots, saw the gun lying on the ground and heard people telling him to pick it up.

In the statement, Taylor told police he picked up the gun and was grabbed from behind by Puller. He said he lost his balance and the gun went off. He thought the shots went into the gravel parking lot.

"Whoever had the gun first must have done the shooting," Taylor said in the statement.

Puller said there was an altercation inside between Flynn and his friends and another man, Rashad Presley. After the lodge closed, Puller went outside thinking there might be trouble and saw Presley and another man about to fight.

"It's obvious that there's been a shooting and a death, but to make the leap over to a murder, that's pretty far-fetched" Taylor's attorney David A. Camilletti told Boober.

before she ordered the case bound over.

Taylor is being held without bond in the Eastern Regional Jail.

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