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Mistrial declared in robbery case

August 28, 1998

MARTINSBURG, W.Va. - A mistrial was declared Friday in the trial of a man charged in an attempted armed robbery in January at Berkeley Gardens Apartments in Martinsburg.

The trial of Lynis Nathaniel Ellerbe, 18, was stopped when some evidence caused a conflict, according to a court official.

Another trial for Ellerbe will be scheduled, the official said.

West Virginia State Police said a man foiled an armed-robbery attempt at the apartment complex on Jan. 14 when he wrestled a gun from another man in the parking lot.

Rahill Nawaz II of Martinsburg said he left a friend's apartment and was going to his car when a man stuck a gun in his back, police said. Nawaz reached around and grabbed the barrel of the gun and fought with the man, police said.

The gunman repeatedly pulled the trigger but the weapon did not fire, according to police.

Ellerbe, whose last known address was in the 100 block of Warm Springs Avenue, Martinsburg, was standing trial on charges of aggravated robbery, attempted kidnapping and wanton endangerment, court officials said.

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