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Judge forwards case against man charged with firing shotgun

March 24, 2004|by BRIAN SHAPPELL

shappell@herald-mail.com

All charges against a man charged with assault in connection with firing a shotgun during an altercation with his brother in January were forwarded to Washington County Circuit Court during a preliminary hearing Tuesday.

Washington County District Judge Ralph H. France II found probable cause to send on to Circuit Court 12 counts against Mack L. Kennan, 25, who has addresses in Knoxville and Harpers Ferry, W.Va., listed in court documents.

Kennan was charged with four counts each of first- and second-degree assault and reckless endangerment in connection with the Jan. 15 incident, court records say.

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During the hearing, Washington County Sheriff's Department Deputy Jon J. Molineaux said Kennan fought with Wilbur E. Kennan inside 18906A Sandy Hook Road and kicked his brother in the face during the incident. Molineaux testified that Mack Kennan, while outside the residence, pointed a pump-action shotgun at his brother and fired it twice.

Wilbur Kennan was standing next to his vehicle, and his ex-wife, Stephanie Mills, and two children were inside the vehicle at the time the shots were fired, Molineaux said.

Molineaux said a shotgun shell found outside matched the caliber of the "warm" shotgun deputies found inside the residence.

Molineaux said Mack Kennan told him that his brother started the physical fight and threatened to kill him during the dispute.

During cross-examination by John Chillas, the assistant public defender assigned to Mack Kennan, Molineaux said Wilbur Kennan did not say who struck whom first. Molineaux said he wrote a report on the night of the incident more than one hour after his conversation with the defendant in the police cruiser.

Mack Kennan never personally wrote down a statement about the incident, he said.

Washington County Sheriff's Department deputies responded to 18906A Sandy Hook Road on Jan. 15 after receiving reports that two shots were fired just before 5:45 p.m.

Deputies said the shots were fallout from a fight between two brothers and alleged the man responsible for shooting the gun barricaded himself for nearly an hour inside the residence, described as a double-wide trailer. The trailer was set about 70 yards from the road, which runs along train tracks and the banks of the Potomac River.

Deputies said Mack Kennan was taken from that scene to Washington County Hospital because he suffered injuries from falling through the porch of another residence earlier that day.

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