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Trial on schedule for Martinsburg man charged in War Memorial Park shooting incident

August 30, 2013|By MATTHEW UMSTEAD | matthewu@herald-mail.com
  • Daniel Lee Herbert
File photo

MARTINSBURG, W.Va. — A man charged in the shooting a man and a girl during Fourth of July festivities at a Martinsburg park last year is on schedule to be tried on remaining charges in the case next week. 

Daniel Lee Herbert, 29, 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 on foot from a law enforcement officer. 

Herbert was convicted of the felony firearm charge in a jury trial held in May in Berkeley County Circuit Court and was sentenced to five years in prison in July by 23rd Judicial Circuit Judge John C. Yoder.

The remaining charges contained in his indictment were separated from the firearm allegation at the request of Herbert’s attorney, Matthew Harvey, who argued that it would not be in the best interest of his client if the charges were tried together.

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In Thursday’s pre-trial hearing for Herbert’s case, Yoder denied Harvey’s motion for a continuance of the trial, which is set to begin with jury selection at 9 a.m. on Tuesday. Yoder directed Berkeley County Circuit Clerk Virginia M. Sine’s office to summon 50 people to court for the jury pool.

Herbert is accused of shooting a man and an 8-year-old girl at what was an annual Independence Day celebration held in War Memorial Park. 

Organized festivities were not held in the park this year.

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. 

Harvey indicated in the pretrial hearing Thursday that he intended to present evidence concerning McGuire’s background as part of his case.

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