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Bunker Hill, W.Va. man to serve 16-year sentence for robbery conviction

October 11, 2012|By MATTHEW UMSTEAD | matthew.umstead@herald-mail.com
  • Evan Russell Shirley
West Virginia Regional Jail and Correctional Facility Authority

MARTINSBURG, W.Va. — One of two men accused in the violent robbery and beating of an older man in November 2011 was ordered Thursday in Berkeley County Circuit Court to serve 16 years in prison.

Evan Russell Shirley, 23, of Bunker Hill, W.Va., was ordered by 23rd Judicial Circuit Judge John C. Yoder to serve a 16-year sentence for his first-degree robbery conviction and a one- to five-year sentence for a conspiracy conviction stemming from the incident on Nov. 28, 2011. The sentences are to be served concurrently.

Yoder also ordered $4,245 in restitution, Berkeley County Assistant Prosecuting Attorney Gregory K. Jones said.

Charges of burglary, malicious assault and assault during the commission of a felony were dismissed as part of a plea agreement, which had been contingent upon Shirley’s agreement to testify against co-defendant Tyler Shane Munson at trial.

A jury seated last month for Munson’s trial found him guilty of burglary, first-degree robbery, conspiracy and assault in the commission of a felony, according to court documents.

Munson, who is scheduled to be sentenced Nov. 29, was found not guilty of malicious assault, according to court documents. Munson currently is serving a three- to 30-year prison sentence for unrelated cases of burglary and grand larceny.

When Shirley pleaded guilty in May to the robbery, he told the judge that he acted as the “lookout” for Munson and admitted to grabbing laptop computers from the victim’s Martinsburg-area home.

Shirley had said they first traveled to Martinsburg to get drugs, and the robbery happened afterward.

Shirley said he initially told Munson he couldn’t take part in the robbery. He had told Yoder that Munson had indicated he would have to walk home if he didn’t help him. Shirley also said Munson would share his drugs with him.

After entering the home, he watched Munson beat the victim and then rob him, Shirley said.

The victim, then 76, told police that the robbers took cash, collectible coins and computers from the Winchester Avenue home, according to court records.

Police responded to the incident at 11:03 p.m., and found the frame of the back door destroyed, a blood-soaked recliner and blood spread on a wall next to the chair, the documents said.

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