MARTINGSBURG, W.Va. — A Martinsburg man accused of shooting an 8-year-old girl and a man during a 2012 Fourth of July celebration in Berkeley County heads to trial Tuesday.
Daniel Herbert, 29, is charged with two counts of attempted murder, three counts of malicious assault, five counts of wanton endangerment and one count of fleeing from a law enforcement officer in connection with the shooting during the War Memorial Park’s Fourth of July celebration.
The girl and Gabriel “Ziggy” McGuire were wounded in the incident, which took place July 4, 2012.
After a two-day jury trial in May in Berkeley County Circuit Court, Herbert was convicted of being a felon in possession of a firearm in connection with the shooting. He was sentenced to five years in prison for that charge.
Herbert’s defense attorney filed a motion last week to postpone the upcoming trial, but a judge denied it.