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Case heads to Circuit Court

January 10, 2001

Case heads to Circuit Court



By DAVE McMILLION / Staff Writer, Charles Town


MARTINSBURG, W.Va. - An attorney for a Martinsburg man charged in the shooting death of Steven Ray Post II last September argued Tuesday that his client didn't mean to shoot Post, as police allege.

Kevin Mills is the attorney for Terry Lee Edwards Jr., 21, who is charged with second-degree murder in the case.

To prove a second-degree murder charge, there must be evidence of malice, Mills said during a hearing for Edwards in Berkeley County Magistrate Court.

A Martinsburg police investigator testified at the hearing that Edwards "cried the entire time" when police were questioning him about the shooting.

That should show that there was no malice on Edwards' part, Mills argued.

"People who intend to shoot somebody very rarely call 911," Mills told Magistrate Sandy Miller.

Edwards called 911 after Post, 20, of 227 Stadium Circle, Inwood, was shot in Edwards' house at 425 E. Race St.

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Despite Mills' argument that the charges against Edwards should be dismissed, Miller ruled there was enough evidence to send the case to Berkeley County Circuit Court.

Miller's ruling followed testimony by Martinsburg Police Detective George Swartwood, who related a statement from a witness to the Sept. 13 shooting.

Swartwood said the witness told police that he heard Edwards say he was "going to get his gun and you won't see your friend no more."

Swartwood was asked to review the statement of the witness in a court document and read it in court.

More specifically, Swartwood said the witness said he heard Edwards say that he "got a gun, he's dead and you won't see him anymore."

Edwards and Post, who were friends, were drinking near W.Va. 9 in the vicinity of the Golden Horseshoe Club when they began arguing, according to police.

The argument centered around jewelry that belonged to Post's mother and other matters, police said.

The two men drove back to Edwards' house, where the argument continued, police said.

Police said Post got out of the car with a nightstick in his hand, but did not threaten Edwards with the weapon, Swartwood testified.

Police say Edwards then got a .38-caliber revolver from a shoulder holster in the house.

A Martinsburg Police report said the "defendant then cocked the revolver and shot (Post) in the chest."

If convicted, Edwards faces a term of 10 to 40 years in prison.

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