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Pa. man convicted of assault

July 15, 1998|By DON AINES

CHAMBERSBURG, Pa. - After deliberating about three hours, a six-man, six-woman jury convicted a Chambersburg man of aggravated assault for shooting Joseph Brumfield on the morning of July 19, 1997.

The jury acquitted Andrew L. Jackson, 29, of an attempted murder charge for the incident outside the Laurel Lodge, 81 W. South St., Chambersburg. Assistant District Attorney T.R. Williams said, however, that both charges were first-degree felonies carrying a maximum of 20 years in prison.

Williams said Jackson is scheduled for sentencing on Aug. 26 and could face five years or more in prison because a deadly weapon was used in the assault.

"I think Charles and Freddie were watching over me," Brumfield said Wednesday of the night nearly one year ago when he was shot in the head.

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Brumfield, 25, of Chambersburg, was referring to his cousin and brother, both murder victims. Cousin Charles Brumfield was shot and killed in Mount Union, Pa., in 1995 and brother Freddie Brumfield was found shot to death in 1995 on a roadside in Letterkenny Township, he said.

Freddie Brumfield's murder remains unsolved.

Joseph Brumfield was not seriously injured in the shooting. An emergency room physician testified that it appeared to be a gunshot wound, but Brumfield needed just three stitches.

"Tony raised up the gun to his forehead and said, 'I've got something for you,'" said Jennifer Clopper, formerly of Chambersburg. She was standing outside the lodge when the shooting happened at about 3:25 a.m.

Clopper said the gun was just inches from Brumfield's head when it was fired.

Brumfield testified he and Jackson argued over a woman earlier at Kel's Place, 464 Hollywell Ave. Brumfield and Jackson later argued again in the lodge before going outside, he testified.

"We were about to get it on ... and then flash." He said he saw what appeared to be a chrome object in Jackson's hand swing up toward his head.

Defense attorney James Reed asked Brumfield if he thought Jackson was trying to kill him.

"No," Brumfield said. The defense rested without calling any witnesses.

"There's no way, given the facts of this case, that Mr. Brumfield was shot," Reed told the jury. He said the circular wound on his scalp was inconsistent with a gunshot and resulted from a fight between the two men.

"He's lucky, for whatever reason, that bullet didn't enter his head and kill him," Williams told the jurors.

No bullet was recovered and the weapon, a chrome .32-caliber pistol, was not introduced into evidence. Chambersburg Police Sgt. Diane Kelso said the gun police believe was used in the shooting was recovered several months later by Pennsylvania State Police in an unrelated crime.

Brad Rotz of Chambersburg testified he sold the gun to Jackson on July 11, 1997.

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