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Felony charges against Hagerstown man in connection with fatal W.Va. shooting are dropped

July 19, 2011

MARTINSBURG, W.Va. — Berkeley County Prosecuting Attorney Pamela Games-Neely has decided not to continue to prosecute one of the Hagerstown men accused in the January 2011 shooting death of Damon M. Scott.

Dionnday M. Anderson, 20, was initially charged with one felony count of accessory after the fact of murder, but a grand jury in May instead indicted the defendant on one misdemeanor count of making a false statement to a law enforcement officer.

The maximum penalty for the misdemeanor offense is five days in jail, and Games-Neely said after a status hearing on Monday that Anderson served nearly two months behind bars.

Separate charges are pending against Anderson in Maryland where he is being held in Washington County Detention Center in Hagerstown, according to the Maryland Judiciary's online case search system.

Anderson was being held without bond in the Washington County Detention Center Tuesday night, jail officials said.

In a separate hearing Monday, Brock Jerome Smith, 22, the man accused of shooting Scott, made a brief appearance in court.

Attorneys told presiding 23rd Judicial Circuit Court Judge Christopher C. Wilkes that the case was on track for trial, which is currently scheduled to begin on Aug. 23.

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— Matthew Umstead

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