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Jury Finds Daniel Lee Herbert Guilty in Firearm Charges

Herbert was found guilty on the 11th count of the indictment, which was felony possession of a firearm. 

MARTINSBURG, WV- A Berkeley County Jury convicted a man on Wednesday following a Fourth of July shooting last year.  Daniel Lee Herbert is accused of shooting two people, including an 8-year-old girl, but this was a trial for a gun charge.

Daniel Lee Herbert did not react when the guilty verdict came down.  Herbert was found guilty on the 11th count of the indictment, which was felony possession of a firearm.  Herbert's attorney spoke about the outcome.

"Respect the jury's verdict, but I'm disappointed.  Any lawyer that likes losing isn't much of a lawyer," says Matt Harvey, the defense attorney for Daniel Lee Herbert.
 
Herbert was charged after a Fourth of July shooting which injured two people, including an eight year old girl. The trial just started with opening arguments on Tuesday. On Wednesday, things happened quickly with Judge John Yoder giving instructions to the jury and closing arguments from the prosecution and defense. 

During closing arguments, the assisting prosecuting attorney showed video of what looked like Herbert in possession of a weapon then throwing it away.  The jury then went into deliberations and returned with a guilty verdict just after 11 a.m.  Harvey says the outcome will not affect future trial of the remaining charges.   

"In fact it helps this charge was heard, next trial they won't be able to hear any of the evidence that was taken up in this case," says Matt Harvey, defense attorney for Herbert.

After the guilty verdict was read, Herbert's bond was revoked.  He'll be sentenced for the felony possession of a firearm on July 25th. 

Herbert will be tried on the remaining charges in September.

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