HINTON, WV (LOOTPRESS) – A jury in Summers County has found a man accused of first-degree murder not guilty.
Benjamin Earhart, of Summers County, was found not guilty for the murder of Daniel Harmon in July of 2022. Instead, the jury found that Earhart acted in self-defense.
The situation occurred on July 29, 2022, Mr. Earhart and Mr. Harmon had an encounter at the mouth of Eagle Branch Road west of Alderson in Summers County.
According to Summers County Assistant Prosecuting Attorney Chris Lefler, both individuals had an interest in a parcel of land and had developed a disagreement as to the property rights.
Following the disagreement, Benjamin Earhart fired two shots at Daniel Harmon.
According to Lefler, the first shot struck Mr. Harmon in the face, causing his body to turn and then Mr. Earhart followed up with the second shot, which struck Mr. Harmon near the center of his back, which proved to be the fatal shot.
Lefler says that there were various statements from the Earhart family who were the only witnesses to what occurred.
Those statements were contradicting, which is what led the state to pursue the charge of first-degree murder.
“All of this was presented to the jury here in Summers County. The state presented all evidence, from video, photographic, and they heard testimonial evidence as well,” Lefler said.
“All that was given to the jury, and they reviewed it, they heard it, and ultimately they reached a verdict that in their opinion this was an act of self-defense and they returned a verdict of not guilty.”
Earhart’s attorney, Robert Dunlap, says that he did indeed act in self-defense.
“The case went for four days and covered the events of a Summers County murder, where the defendant claimed self-defense. The case was unique because the community and social media all received the narrative that the victim, Daniel Harmon was shot in the back twice, while running away, and while unarmed,” Dunlap said.
“The case certainly could have led to an easy conviction, however, the prosecution was operating under the false assumption that the first shot was into the back of the victim’s neck based on incorrect information that they received from the Greenbrier Valley Medical Center.”
During the conclusion of the trial, it was revealed that a witness had made a statement to police in the following July 2022 incident.
The witness, Brandon Testerman, gave a statement on Sept 13, 2022, regarding the events as he was leaving the scene before the shooting.
The court then recessed for approximately 15 minutes in order to allow the prosecution to obtain the undisclosed statement.
Following the recess, the prosecutor Mr. Lefler, in what Dunlap characterizes as an “unparalleled expression of integrity,” turned over the statement for the jury to hear.
The jury deliberated for over four hours and acquitted the defendant on all charges, believing that he acted in self-defense.