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Charges dropped in 167th Airlift Wing threat case

August 23, 2007|By MATTHEW UMSTEAD

MARTINSBURG, W.Va. - A Clear Spring man has been cleared of allegations that he threatened to deliver a bomb to the West Virginia Air National Guard's 167th Airlift Wing base south of Martinsburg in June, according to Berkeley County Magistrate Court records.

The felony count of threatening to commit a terrorist act filed against Jeffrey L. Myers of 12477 Big Pool Road was dismissed Aug. 16 by Magistrate Jo Ann Overington.

A UPS Freight truck driver, Myers told court officials that he lost his job because of his arrest and subsequently applied for a court-appointed attorney, according to court records.

"We're hopeful that he'll get his job back," said defense attorney Sherman L. Lambert, who said Wednesday that he was retained to represent Myers.

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Lambert said he argued in the preliminary hearing that security procedures for the military base were inconsistent and that one guard "embellished the facts" concerning what his client said after being told the truck needed to be searched.

Assistant Prosecuting Attorney Stephanie Saunders could not be reached to comment or confirm that the state had offered Lambert's client the opportunity to enter a plea to a lesser offense.

Without specifying the offer, Lambert said it wasn't suitable to his client, who he said was "traumatized" by the situation.

During the preliminary hearing, Lambert said questions also were raised concerning the accuracy of the timeline of the incident and how it was handled by officials at the Airlift Wing.

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