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Man sentenced to five years in connection with Martinsburg park shooting

Daniel Lee Herbert had been convicted of felony possession of firearm

July 26, 2013
  • Daniel Lee Herbert
West Virginia Regional Jail and Correctional Facility Authority

MARTINSBURG, W.Va. — A man charged with felony possession of a firearm in connection with a Fourth of July shooting in Martinsburg last year was sentenced to five years in prison on Thursday.

23rd Judicial Circuit Judge John C. Yoder ordered Daniel Lee Herbert, 29, who was convicted of the felony charge in a jury trial in May, to serve the maximum allowable sentence.

Yoder denied defense attorney Matthew Harvey’s plea for a reduced sentence of three years, but also denied the chief deputy prosecutor’s request to order Herbert to pay a fine, the attorneys said after the hearing.

Harvey said he intends to appeal the felony conviction to the state’s high court.

Regardless of the appeal, Herbert faces additional charges related to the shooting incident in which he allegedly shot a man and an 8-year-old girl at an Independence Day celebration.

A second trial is scheduled Sept. 3 for remaining counts of attempted murder, malicious assault, wanton endangerment and fleeing from a law enforcement officer.

The firearm charge was separated from the other allegations at the request of Herbert’s attorney, who argued that it would not be in the best interest of his client if the charges were tried together.

Herbert was indicted in October 2012 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.

Police said the girl, who was treated for flesh wounds to her legs, was an innocent bystander in the shooting at the annual celebration at War Memorial Park.

The second shooting victim, Gabriel “Ziggy” McGuire, was shot twice in the upper back, police said. He has recovered from his injuries.

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