MARTINSBURG, W.Va. -- The trial of a man accused of shooting a child and another man during a Fourth of July celebration is underway in Berkeley County.Daniel L. Herbert is charged with attempted murder, malicious assault, wanton endangerment and fleeing from police.
Prosecutors said the 29-year-old Martinsburg man shot 26-year-old Gabriel McGuire of Martinsburg and an 8-year-old girl during the holiday event at War Memorial Park in Martinsburg July 4, 2012. Both victims recovered.The Journal reported a Berkeley County Circuit Court jury heard opening arguments Tuesday. Herbert's attorney, Matthew Harvey, told jurors Herbert shot McGuire in self-defense. He saidat least one witness said McGuire was armed with a knife prior to the shooting.