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Martinsburg man found guilty of attempted murder in July Fourth shooting

September 05, 2013
  • Daniel Lee Herbert
West Virginia Regional Jail and Correctional Facility Authority

MARTINSBURG, W.Va. — A Berkeley County jury needed less than an hour Thursday to convict a man on multiple counts in a shooting of a child and another man during a Fourth of July celebration last year at a crowded War Memorial Park.

Daniel L. Herbert, 29, of Martinsburg was found guilty on two counts of attempted murder, three counts of malicious assault, two counts of wanton endangerment and one count of fleeing from police, Berkeley County Assistant Prosecutor Gregory K. Jones said.

The jury convened at 4 p.m. and returned at 4:45 to announce its verdict, Jones said.

Three counts of wanton endangerment were dismissed Thursday, he said.    

Prosecutors said Herbert shot 26-year-old Gabriel McGuire of Martinsburg and an 8-year-old girl during the holiday event at the Martinsburg park on July 4, 2012. Both victims recovered.

The trial began Tuesday with Herbert’s attorney, Matthew Harvey, telling jurors in opening statements that Herbert shot McGuire in self-defense. He said at least one witness said McGuire was armed with a knife prior to the shooting.

Jones, the lead prosecutor in the case, said the prosecution called 20 witnesses, none of whom said Herbert was threatened with a knife before the incident.

Herbert took the stand Thursday in his own defense, Jones said.

Herbert, who is scheduled for sentencing Oct. 24 at 2 p.m., faces between 15 and 70 years on all the convictions, according to Jones.

Herbert was convicted on a charge of felon in possession of a firearm in a jury trial in May in Berkeley County Circuit Court, stemming from the same incident. He was sentenced to five years in prison in July by 23rd Judicial Circuit Judge John C. Yoder.

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— Bill Kohler

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