PRESS RELEASE Martinsburg Police Department
On Wednesday, July 04, 2012, an event to celebrate the 4th of July was scheduled at War Memorial Park, in Martinsburg West Virginia. During the course of events on the date, officers were scheduled for crowd control in the park.
At approximately 8pm on this date, several gunshots were heard coming from the south pavilion near Tennessee Avenue. As the gunshots were heard, officers observed multiple persons running from the pavilion and park area shouting that someone had been shot.
Officers then responded to the pavilion area and located a 8 year old female who had sustained a gunshot wound to her legs. As a result of her injury, the juvenile was transported to City Hospital where she was treated for a non-life threatening gunshot wound.
From speaking with witnesses at the scene, officers were advised that the suspect was described as a black male wearing a red polo shirt. Ptlm. Shelton was alerted by park patrons to a subject running towards Tennessee Avenue. He then observed the black male wearing a red polo shirt with a firearm in his hand. As Ptlm. Shelton approached the male, who was fleeing, he ordered the male to the ground several times and was non-compliant. While pursing him, Ptlm. Shelton observed the male throwing the handgun into a nearby driveway. A short time later, the male was taken into custody by officers and identified as Daniel Herbert. The firearm recovered was a Rossi .38 Special revolver.
Officers were also alerted to a white male who had been shot and who had fled to a residence on Tennessee Avenue.
Officers responded to a residence near Memorial Drive on Tennessee Avenue and located Gabriel “Ziggy” McGuire who had suffered two gunshots to his upper back. Mr. McGuire was subsequently transported to City Hospital for treatment of non-life threatening gunshot wound.
Officers spoke with a person who advised that he had witnessed the shooting. The witness stated that he observed “Danny” speaking with a white male near the pavilion and that they both walked off to the side. It was believed that both individuals were going to fight because they began to argue. A short time later, Danny pulled a handgun out and fired several rounds at the white male who was running away. It was further advised that Danny was wearing a red polo shirt.
During the course of the investigation, it was determined that only one person had fired a handgun during the altercation.
Daniel Herbert was charged with 3 counts of Wanton Endangerment, 2 counts of malicious wounding and 1 count of being a felon in possession of a firearm. He was taken to the Eastern Regional Jail to await arraignment.