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Trial for man accused of Fourth of July shooting is set for Dec. 18

Daniel Lee Herbert, who is incarcerated at Eastern Regional Jail, was indicted earlier this month

October 23, 2012|By MATTHEW UMSTEAD | matthew.umstead@herald-mail.com
  • Daniel Lee Herbert
West Virginia Regional Jail and Correctional Facility Authority

MARTINSBURG, W.Va. — The trial for a man accused of shooting another man and an 8-year-old girl at Martinsburg’s Fourth of July celebration was set for Dec. 18 at his arraignment hearing Tuesday in Berkeley County Circuit Court.

Daniel Lee Herbert, who is incarcerated at Eastern Regional Jail, was indicted earlier this month by a grand jury on two counts of attempted murder, 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.

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 had said.

A witness told police that the shooting took place near a pavilion following an argument between two males.

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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 had said.

Herbert, 28, was captured shortly after gunshots were heard in the area of the park’s south pavilion, near Tennessee Avenue, police had 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 pleaded guilty to felony counts of aggravated robbery, grand larceny and conspiracy to kidnapping in 2003 in Berkeley County Circuit Court, according to court records. He was released from state prison in February, according to court records.

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