MARTINSBURG, W.Va. — The trial of a 22-year-old Hagerstown man charged in the January 2011 shooting death of Damon M. Scott was rescheduled for May 22 in a status hearing held Tuesday.
The trial for Brock Jerome Smith was due to be held earlier this month, but presiding 23rd Judicial Circuit Judge Christopher C. Wilkes became ill, prompting the postponement.
Berkeley County Prosecuting Attorney Pamela Games-Neely said the new trial date was the earliest possible one that could be agreed upon by the court, herself and defense attorney Sherman L. Lambert Sr.
Smith, who was indicted in May 2011 on one count of murder, is being held without bond at Eastern Regional Jail.
Scott was shot just after 3 a.m. on Jan. 15 outside Club Zero, which operated at 1774 Winchester Ave., just south of Martinsburg.
The private club’s license was canceled after the shooting, according to the West Virginia Alcohol Beverage Control Administration’s online database.
Police have said that Scott had gunshot entry wounds on the right side of his chest and on his back above his right kidney.
Police found multiple 9mm shell casings outside the club after the shooting. A witness testified in a preliminary hearing held in Berkeley County Magistrate Court that he saw Smith, of 623 George St., jump into the passenger seat of a car that was later identified as a Chrysler 300 and leave the club parking lot.
Another witness told police that Smith shot Scott, who was also known as “Gotti,” in self-defense after Scott pulled a gun on the defendant and attempted to rob him, according to court records.
After the shooting, the Chrysler was pursued by West Virginia authorities into Maryland. The chase ended near Clear Spring when the car went off U.S. 40 and crashed in a wooded area, Maryland State Police have said.