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Munday to be sentenced later this month

January 13, 2004|by DAVE McMILLION

charlestown@herald-mail.com

MARTINSBURG, W.Va. - A judge on Monday set a sentencing date for a Hedgesville, W.Va., man convicted of 21 charges relating to the shooting of a West Virginia State Police trooper.

David Eugene Munday, 38, is scheduled to be sentenced on Monday, Jan. 26 at 1 p.m., Berkeley County Circuit Court Judge David Sanders ordered.

A sentencing date of Jan. 26 will allow probation officials time to review some matters relating to a pre-sentence report in the case, Sanders said.

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Munday was back in court Monday afternoon as Sanders and attorneys in the case discussed sentencing issues.

In October, Munday was found guilty of 21 charges relating to the 2002 shooting of Trooper R.J. "Bobby" Elswick. Elswick is recovering from the wounds.

After that conviction, jurors in a separate trial last week found that Munday was the same person convicted of several prior charges.

The finding meant that under the state's "three strikes" law, Munday will be sentenced to serve life in prison. The life sentence must be granted with mercy.

Berkeley County Prosecutor Pamela Games-Neely told Sanders Monday that her office is prepared for a perjury trial for Munday. A pre-trial hearing for that case is scheduled for Feb. 9 at 10 a.m. and the trial is expected to begin the next day.

The trial follows indictments returned against Munday and his girlfriend on charges that they tried to bribe two witnesses relating to the Elswick shooting.

Munday and Connie Marie Harrison, 40, of Shenandoah Junction, W.Va., both were indicted on two counts of attempting to induce another person to testify falsely and one count of conspiracy to suborn perjury.

During several different phone conversations, Munday and Harrison discussed paying up to $50,000 to Johnny and Sandra Lambert if the couple either left the state, thereby possibly preventing subpoena delivery, or lied and said they knew nothing about the shooting or other events that led to it, West Virginia State Police Trooper M.M. Kingery said.

Before he shot Elswick, Munday broke into the Lamberts' mobile home three times and held Johnny Lambert hostage at gunpoint, police said.

After state troopers arrived to handle the potential hostage situation, Munday walked out of the trailer and shot Elswick once above his left ear.

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