MARTINSBURG, W.Va.—A Berkeley County judge ruled Thursday that a man accused of shooting another man and an 8-year-old girl at Martinsburg’s Fourth of July celebration last year could be tried May 28 on one felony count of possession of a firearm by a prohibited person.
Remaining counts of attempted murder, malicious assault, wanton endangerment and fleeing from a law enforcement officer against Daniel Lee Herbert, 28, were severed from the firearm charge by Circuit Judge John C. Yoder during a pretrial hearing.
Berkeley County Assistant Prosecuting Attorney Gregory K. Jones told Yoder that proceeding to trial on the firearm charge would allow Herbert, if convicted, to be transferred to the custody of the state Division of Corrections, saving the county taxpayers money in jail costs.
At the end of Thursday’s hearing, Herbert told Yoder that he didn’t want to delay his case any further, saying he wanted to be tried on all of the charges May 28.
Harvey, who is at least the third attorney to be appointed to Herbert’s case, told Yoder he needed more time to give Herbert proper representation.
Harvey told Yoder in February that he had just been assigned to the case and had not received the files from the previous attorney.
“I’m late to the game at this,” Harvey said Thursday.
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 in War Memorial Park.
The second shooting victim, Gabriel “Ziggy” McGuire, was shot twice in the upper back, police said.