Bluefield Daily Telegraph, Bluefield, WV

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January 14, 2009

Simpson enters guilty plea to lesser charges in rare murder by dueling case

By CHARLES OWENS

WELCH — A Mercer County man charged with a rare murder by dueling count pleaded guilty Wednesday in McDowell County to two lesser offenses.

Steven Bryant Simpson Sr., 49, of Rock, was indicted by the county’s grand jury last year on one count of murder by dueling in connection with a fatal April 20, 2007, shoot-out in the Gilliam Bottom section of Northfork Hollow. Dana Martin, 39, of the Worth area, died after being struck twice during the gun fight.

Simpson pleaded guilty before Circuit Court Judge Rudolph J. “Rick” Murensky II, to charges of involuntary manslaughter and brandishing a firearm, Prosecuting Attorney Sid Bell said.

In all, nine shots were fired between the two men during the incident.

“We think Mr. Simpson shot at least five times,” Bell said. “Of course Mr. Martin was struck at least two times. Mr. Martin shot four times. It appears all four of his shots went into the windshield of Mr. Simpson’s truck.”

Bell said the duel was the apparent result of an argument between Simpson and Martin over an ATV.

“They got into an argument over the victim allegedly riding his four-wheeler through the community too fast,” Bell said. “Simpson claimed Martin was riding too fast through the community. He told the state police he was making a citizens arrest when he stopped Martin, and had him pinned against the fence.”

Following the argument, Bell said both men left the area. However, both men then returned to the same location armed with weapons. “They had both armed themselves when they returned,” Bell said.

The murder by dueling statute has been in West Virginia’s legal code for more than 100 years, but it is a charge that is rarely used. Murensky stated during Wednesday’s plea hearing that the April 20, 2007, incident may not have met the legal definition of murder by dueling.

“Judge Murensky said there has to be some decision made between the two men on where they are going to meet, and what weapons will be used (to meet the legal definition of murder by dueling),” Bell said. “He also said a duel couldn’t be the result of the heat of passion. It was something that had to be planned. The evidence in this case was clear that both men had a heated argument.”

Bell said he was prepared to take the case to trial on Monday when Simpson indicated he wanted to enter a plea.

“I believe the case would have went to the jury,” Bell said. “It was a very, very difficult case. We felt like the plea agreement was appropriate.”

Bell said he spoke with family members of the victim both before and after Wednesday’s plea hearing.

“They were understandably emotional and upset about it,” Bell said. “But I think when we ended our meeting today they understood what we did, and why we did it, and that we weren’t taking this matter lightly.”

Simpson was represented in the case by defense attorney Lacy Wright Jr. Bell said Wright had indicated he had a witness who was prepared to testify that the facts in the case didn’t represent a duel in the classic terms.

Bell said officials haven’t been able to find any reported cases of prosecutions in West Virginia under the murder by dueling statute.

“There is no reported case in West Virginia,” Bell said. “Judge Murensky — and the other lawyers — we found cases from New Mexico and Alabama, in which the state Supreme Court of those states reversed convictions saying similar facts didn’t constitute a duel at the time the statutes were enacted.”

Bell said Simpson will be sentenced on March 19 at 1:30 p.m. He faces up to one year in prison, or a fine not to exceed $1,000, or both on the involuntary manslaughter charge. Simpson faces a minimum of 90 days and a maximum of a year in jail, as well as a fine of no less than $50 and no more than $1,000, on the brandishing charge.

Bell said Simpson remains free on bond and home confinement pending his March 19 sentencing.

Bell said he was pleased with the investigation of the case by the West Virginia State Police Welch Detachment.

“I don’t know what else the state police could have done,” Bell said. “They interviewed every potential witness. They gathered evidence at the scene that was sent to the lab. It was a very thorough investigation.”

— Contact Charles Owens at cowens@bdtonline.com

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