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Man charged in War Memorial Park shooting gets a new lawyer

August 01, 2012
  • Daniel Lee Herbert
West Virginia Regional Jail and Correctional Facility Authority

MARTINSBURG, W.Va. — The preliminary hearing for a man accused of shooting another man and an 8-year-old girl at Martinsburg’s Fourth of July celebration was continued for a second time Wednesday.

Daniel Lee Herbert, 28, who has been incarcerated since shortly after the July 4 shooting, requested the continuance in Berkeley County Magistrate Court to allow his newly appointed defense attorney time to review his case.

Herbert is charged with two counts of malicious wounding, three counts of wanton endangerment and one count of being a felon in possession of a firearm.

Berkeley County Assistant Prosecuting Attorney Stephanie Saunders told Magistrate Harry L. Snow that Kate B. Harding, the first attorney appointed to represent Herbert, had informed the court that she had a conflict and asked to be recused from the case.

Saunders also told Snow that Harding’s replacement was appointed late Tuesday afternoon and possibly was not aware of the appointment made by 23rd Judicial Circuit Judge Christopher C. Wilkes.

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Police have said the girl, who was treated for flesh wounds to her legs, was an innocent bystander in the shooting.

Gabriel “Ziggy” McGuire was shot twice in the upper back, police said.

McGuire was released after being treated for the wounds at City Hospital in Martinsburg, officials have said.

Snow presided in Herbert’s case in place of Magistrate Jim Humphrey, who was absent due to medical reasons.

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