MARTINSBURG, WV (LOOTPRESS) – A Berkeley County jury has found a West Virginia man guilty on the charges of First Degree Murder and Attempted First Degree Murder.
Berkeley County Prosecuting Attorney Catie Wilkes Delligatti announces that on May 10, 2023, a Berkeley County jury found Richards Austin Clemmons, 37, of Rosewood Drive, Martinsburg, West Virginia, guilty of the felony offenses of First Degree Murder and Attempted First Degree Murder arising from the June 28, 2019, shooting death of John Henderson and attempted shooting of Dawn Austin.
Richard Clemmons and his mother Dawn Austin had gotten into a verbal argument after she confronted him regarding an issue. Clemmons then presented a pistol and fired at his mother who then fled outside. Henderson was unable to escape and was shot and killed by Clemmons.
The three-day trial was held before the Honorable Judge R. Steven Redding and the jury, after an hour of deliberations, returned a verdict of guilty on both counts. Upon reading the verdict, the Court proceeded to the mercy phase and the jury returned to hear evidence regarding the Defendant’s life sentence and whether he would be eligible for parole.
After an hour of deliberation on mercy, the jury returned a verdict recommending that the Defendant be sentenced to Life Without Mercy, meaning that he will not be eligible for parole. A formal Sentencing Hearing has been scheduled before the Honorable Judge Redding to take place on July 17, 2023, at 2:00 p.m.
This matter was investigated by the Martinsburg Police Department and prosecuted by Prosecuting Attorney Catie Wilkes Delligatti and Assistant Prosecuting Attorney Raymond E. Boyce, Jr. Ms. Delligatti specifically thanked Lt. A. Albaugh and Det. Sgt. J. Luciano, the lead investigating officers, for their dedicated efforts over the course of the investigation.
Ms. Delligatti also thanked the jury for carefully weighing the evidence and providing a verdict that achieves justice for Mr. Henderson and Ms. Austin.