Fort Blackmore man sentenced t 
2003 Reader Submission
Pending Acceptance
This is from today's Local paper, the Kingsport (TN.) Times-News. Looks as if we have another winner. . .
_______________________________________________
Fort Blackmore man sentenced to eight years for manslaughter
Wednesday, November 20, 2002
By Kevin Castle Kingsport Times-News
GATE CITY - A Fort Blackmore man will serve eight years in prison after pleading guilty last week to manslaughter charges connected to a shooting in March in Dungannon.
Scott County Commonwealth's Attorney John Kilgore said Tuesday that Clarence Junior Winebarger, 49, pleaded guilty to involuntary manslaughter and possession of a firearm after being convicted of a felony in the the death of Bernard Fritz, 49.
Winebarger, of Route 1, Box 498, was originally charged on March 16 and indicted by a Scott County grand jury in September on one count of murder, one count of use of a firearm in the commission of a felony, and one count of possession of a firearm after being convicted of a felony.
Winebarger and Fritz were drinking heavily prior to the shooting, said Kilgore.
"The victim's son and a friend came up to (Fritz's) house and started target shooting in the yard with one of Bernard's pistols,'' said Kilgore.
"Mr. Fritz and Winebarger came out and joined them, and a short time later Winebarger went out in the yard and asked Fritz to shoot as close to him as possible without hitting him," Kilgore said. "Winebarger then fell to the ground and pretended to be wounded as a joke. After he got up, the men then switched places.
"As Fritz made his way to the yard, Winebarger fired a shot from the pistol in the direction of Fritz and accidentally shoots the victim in the chest.''
Kilgore added that Winebarger and the juveniles thought Fritz was also "playing a trick.'' When they went to check on him they found him suffering from a bullet wound to the chest, Kilgore said.
Fritz was pronounced dead at the scene.
Based on the testimony given by the juveniles and Winebarger, Kilgore said the charge was amended from murder to involuntary manslaughter.
"The charge of murder requires malicious intent or intent to shoot someone. The charge of involuntary manslaughter is a negligent homicide. In this case, Winebarger was found to be negligent,'' Kilgore said.
Scott County Circuit Judge Birg Sergent sentenced Winebarger to 10 years in prison and suspended seven years of the sentence on the manslaughter charge.
Sergent also sentenced Winebarger to serve a five-year mandatory prison sentence under the guidelines of the Virginia Exile law, which institutes the sentence if the convicted person has committed a previous violent felony.
Winebarger has previously served time in jail in Bell County, W.Va., on sexual abuse charges.
"This is just another tragic result of what happens when people mix firearms with alcohol,'' said Kilgore. Submitted on 11/20/2002
Submitted by:
Randy Lane
Reference:
Kinsgport Times-News 11/20/02
Copyright © 2002 DarwinAwards.com
|
