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Jury convicts Martinsburg man accused of striking person with vehicle in parking lot

July 13, 2012

MARTINSBURG, W.Va. — A jury on Thursday convicted a Martinsburg man accused of striking a pedestrian with a vehicle in the parking lot of a Berkeley County night club last year and leaving the scene, Assistant County Prosecuting Attorney Gregory K. Jones said in a news release.

Cody A. Ashby, 20, was found guilty in Berkeley County Circuit Court of a felony unlawful assault charge and misdemeanor charges of assault and leaving the scene of an accident involving injury, the release said.

The incident took place in the parking lot of the Sky Room Lounge on Rock Cliff Drive north of Martinsburg on July 23, 2011, according to the release.

Ashby was acquitted of a misdemeanor battery charge, and the jury could not reach a verdict on an additional charge of misdemeanor conspiracy, according to Jones. Those charges were related to another victim in the incident, the release said.

Ashby is scheduled to appear before Circuit Judge Gray Silver III on Aug. 23 for sentencing, according to the release.

He could face from one to five years in prison for the unlawful assault conviction, up to six months for misdemeanor assault and up to a year for leaving the scene of an accident, according to Jones, who prosecuted the case.

West Virginia State Police Senior Trooper J.A. Ware investigated the case, according to the release.

Ashby was convicted of unlawful assault in Berkeley County on April 25, 2011, the release said.

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