The Register-Herald, Beckley, West Virginia

April 24, 2013

Judge declares mistrial in Beckley shooting

Register-Herald Reporter

BECKLEY — Raleigh County Circuit Court Judge Robert Burnside declared a mistrial Tuesday in the case of a Beckley man accused of a drive-by shooting in April 2011.

Michael Darnell Harvey, 30, is charged with five counts of wanton endangerment and one count of retaliation against a witness after the April 20, 2011 incident where he fired multiple shots on Canaday Street.

No one was injured during the shooting, but Harvey was allegedly attempting to hit a police informant who was standing in the driveway with his mother during the incident.

Three more of Harvey’s relatives were in close proximity, which created a total of five counts of wanton endangerment.

Tom Truman, Raleigh County Chief Deputy Prosecuting Attorney, said the jury deliberated until 8 p.m. Monday and came back at 1 p.m. Tuesday.

“Burnside declared a mistrial because the jury indicated they were deadlocked and could not reach a verdict,” Truman said.

He said the case will now return to the same position it was before the trial.

Harvey was released last year after posting $50,000 bond. If convicted, he could face up to 30 years in prison.

Truman said additional court proceedings have not yet been scheduled.

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