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Grand jury indicts man accused in Martinsburg Fourth of July shooting

Daniel Lee Herbert was indicted on three counts of malicious assault, five counts of wanton endangerment, and single counts of felon in possession of a firearm

October 16, 2012|By MATTHEW UMSTEAD | matthew.umstead@herald-mail.com
  • Daniel Lee Herbert
West Virginia Regional Jail and Correctional Facility Authority

MARTINSBURG, W.Va. — A man accused of shooting another man and an 8-year-old girl at Martinsburg’s Fourth of July celebration this year was indicted Tuesday by a Berkeley County grand jury on two counts of attempted murder and 10 other related charges.

Daniel Lee Herbert, who is incarcerated at Eastern Regional Jail, also was indicted on three counts of malicious assault, five counts of wanton endangerment, and single counts of felon in possession of a firearm and fleeing from a law enforcement officer by means other than use of a vehicle, according to an indictment released by Berkeley County Prosecuting Attorney Pamela Games-Neely’s office.

Herbert was among the more than 20 people who were named in indictments returned by the grand jury Tuesday, the first day of the October term of circuit court in Berkeley County, according to Games-Neely’s office.

The grand jury is scheduled to reconvene Wednesday, according to Games-Neely’s office.

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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.

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

A witness told police that the shooting took place near a pavilion following an argument between two males. One male, who was wearing a red, polo-style shirt, pulled out a handgun and fired several rounds at the other male, who was running away, police said.

Herbert was captured shortly after gunshots were heard in the area of the park’s south pavilion, near Tennessee Avenue, police said.

The firearm allegedly used in the shooting was recovered after police saw the defendant throw it into a nearby driveway, according to police and court records.

Herbert, who pleaded guilty to felony counts of aggravated robbery, grand larceny and conspiracy to kidnapping in 2003 in Berkeley County Circuit Court, was released from state prison in February, according to court records.

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