We reported in our last update that, on June 17, 2011, in WVCDL's ongoing lawsuit challenging the City of Martinsburg's city building gun ban, U.S. District Judge John P. Bailey requested supplemental briefing on whether he should defer further proceedings on WVCDL's federal constitutional claims and direct WVCDL to separately litigate its state law claims in state court and then return to federal court to litigate its federal constitutional claims if necessary after state court litigation.

On July 1, 2011, in WVCDL's separate lawsuit challenging city property carry bans in the cities of Charleston, South Charleston, and Dunbar, and Charleston's restrictive handgun sales ordinances, U.S. District Judge John T. Copenhaver, Jr., issued a similar supplemental briefing order.

Today, WVCDL filed its responses to both orders.  Click here to view WVCDL's response to Judge Bailey's request in the Martinsburg case and here for WVCDL's response to Judge Copenhaver's request in the Charleston case.  All pertinent court filings are available here.

For those of you following H.R. 1865, the Recreational Lands Self-Defense Act of 2011, you will be pleased to know that all three of West Virginia representatives in the U.S. House of Representatives--David McKinley, R-Wheeling; Shelley Moore Capito, R-Charleston, and Nick Rahall, D-Beckley--are now cosponsoring this legislation.

H.R. 1865 will repeal regulations of the U.S. Army Corps of Engineers that prohibit carrying loaded firearms on public lands under Corps of Engineers control around hundreds of lakes and dams aross the country--including most lakes and dams in West Virginia.  According to the NRA, the Corps owns or manages over 11.7 million acres, including 400 lakes and river projects, 90,000 campsites and 4,000 miles of trails.

Two years ago, Congress passed legislation repealing gun bans in national parks and national wildlife refuges.  However, that legislation did not apply to Corps of Engineers lands.

http://www.wboy.com/story.cfm?func=viewstory&storyid=103024

Maryland Juvenile Accused of Assaulting Woman on Caperton Trail

Monday, July 11, 2011

MORGANTOWN -- The Morgantown Police Department responded to a brandishing report at the Caperton Trail on Beechurst Avenue around noon on Monday. Officers said a juvenile will be charged with attempted first degree sexual assault after he held a knife to a woman's throat and made sexual actions toward her.

Officials said the victim was not physically injured in the incident.

Officers said the suspect is a fifteen year old juvenile from Baltimore, Maryland.

http://www.wvgazette.com/News/policeblotter/201107140627

July 14, 2011

Couple arrested in connection with Boone home invasion

By Rusty Marks

The Charleston Gazette

CHARLESTON, W.Va. -- Two people were arrested Wednesday in connection with a home invasion in Boone County.

Boone County sheriff's deputies went to the home of Glen Kuhn, 67, near Bob White on Tuesday after Kuhn called to report he had been robbed at knifepoint, according to a criminal complaint on file in Boone County Magistrate Court.

According to the complaint, Eric Shane Rasnake, 34, of Buckhannon, and Ana Marie Pettry, 41, of Beckley, first phoned Kuhn to see if he was home, then went to his house and went inside. They allegedly held Kuhn at knifepoint, demanded money and prescription medication and physically assaulted him. Kuhn received minor injuries.

Rasnake and Pettry allegedly took about $700 in cash and 60 hydrocodone pills, the criminal complaint says.

Rasnake and Pettry were each charged with assault during the commission of a felony, first-degree robbery and violent crimes against the elderly. They were being held in the Southwestern Regional Jail on Thursday in lieu of $200,000 bond each.

http://www.dailymail.com/policebrfs/201107131179

Wednesday July 13, 2011

Man says he was beaten downtown

A Boone County man was beaten and nearly robbed as he waited in downtown Charleston for someone to help get his keys out of his locked car, police said.

David Alshire of Hewett accidentally locked his keys in his car in the 100 block of Summers Street and was waiting around 12 a.m. Wednesday for a wrecker with AAA auto club to come help him, Charleston Sgt. Eric Hodges said.

Alshire told police that while he was waiting, he noticed a silver SUV drive by slowly. He said the occupants were watching him closely as they passed by.

The vehicle then made a U-turn and came back toward him. A man, described as a heavyset white male, jumped out and ran at Alshire. He started punching Alshire and trying to grab a bag from his hands.

But the 47-year-old was able to hold onto the bag and fight off his attacker. The man fled back to the SUV, and the driver, whom Alshire described as a white male "much bigger" than the man who attacked him, speeded off.

Anyone with information can call Charleston's Criminal Investigation Division at 304-348-6480.

http://www.journal-news.net/page/content.detail/id/564701/Former-commissioner-badly-beaten.html?nav=5006

Former commissioner badly beaten

57-year-old attacked during home invasion after woman knocks on door, asks to use phone

July 14, 2011

By Edward Marshall - Journal Staff Writer

(emarshall@journal-news.net)

MARTINSBURG - Former Berkeley County Commissioner Howard L. Strauss was severely beaten and Tasered as many as 20 times during a home invasion robbery early Wednesday morning at his home near Falling Waters.

Strauss, 57, managed to drive to City Hospital in Martinsburg to seek medical attention after the three assailants involved in the incident left the scene with his cellphone and about $1,000 in cash taken from his wallet, according to a news release from the West Virginia State Police.

Strauss later told police that he was attacked after a woman knocked on his door and asked to use his telephone.

"Mr. Strauss advised that he then opened the door and was taken down by two masked male subjects," court records state. "Mr. Strauss advised that he was then beaten in the face. ... Mr. Strauss further informed (Senior) Trooper (C.S.) Maynard that the male subjects had used an electronic Taser on his abdomen and legs approximately 20 times."

Maynard later located three individuals who allegedly committed the home invasion after Strauss was able to provide the name of one possible suspect, Ronald Shamburg. Strauss said the man had done work for him at his residence a week ago along with another man.

The three suspects, Ronald Lee Shamburg, 22; Brian Lance Shamburg, 30; and 31-year-old Jennifer Marie Barnhart, all of Martinsburg, were found at 8:11 a.m. Wednesday at 318 S. Kentucky Ave. in Martinsburg, police said.

All three allegedly admitted to traveling to Strauss' residence with the intent to steal money from him. Ronald Shamburg and Brian Shamburg allegedly admitted to beating Strauss and stealing money from him. Barnhart allegedly admitted to taking part in the plot, police said. The three were arrested and they remained at Eastern Regional Jail as of Wednesday evening.

Ronald Shamburg and Brian Shamburg have been charged with second-degree armed robbery, malicious wounding, burglary and three counts of conspiracy. Barnhart has been charged with second-degree armed robbery, burglary and three counts of conspiracy.

Ronald Shamburg and Brian Shamburg each were being on $105,000 cash-only bail. Barnhart was being held on $80,000 cash-only bail.

Th investigation began at 1:09 a.m. Wednesday when Maynard responded to a complaint of an armed robbery at Strauss' home on Kestrel Drive in Falling Waters.

Strauss advised State Police dispatchers that two white men and a white woman forcibly entered his residence, beat him and stole a large sum of money, police said.

When police arrived, Maynard and Senior Trooper N.K. Campbell processed the crime scene and saw a large amount of blood on the floor inside the victim's house. A neighbor told police that one week earlier, two suspicious men were at Strauss' residence speaking with the former commissioner.

Maynard later spoke with Strauss at City Hospital in Martinsburg, noting that the victim had extreme swelling in his face.

When asked about the two men seen at his residence a week earlier, Strauss told the officer that one of the men was Ronald Shamburg, who had been doing manual labor for him at his home.

If convicted, the three defendants face five to 18 years in prison on the armed robbery charge, one to 10 years in prison on the burglary charge and one to five years in prison on the conspiracy charges. Both Brian Shamburg and Ronald Shamburg also face two to 10 years in prison if convicted of malicious wounding.

Strauss served on the Berkeley County Commission, now known as the Berkeley County Council, from 2000 to 2006.

- Staff writer Edward Marshall can be reached at 304-263-8931, ext. 182, or emarshall@journal-news.net