Pocahontas Resident Bound Over To Grand Jury On A Charge Of First Degree Murder
Marlinton, WV – John B Boggs, a resident of the Marlinton area, was arrested by the Pocahontas County Sheriffs dept on March 10th, accused of fatally wounding his brother Danny Boggs. On March 16th, Pocahontas Magistrate Judge Kathy Beverage presided over a pre- trial hearing. John Boggs is charged with First Degree Murder.
According to the testimony of two witnesses, there was a history of disagreements between the siblings, some of them violent.
One witness, Gloria Boggs Thompson, says she believes that Danny Boggs was often the instigator. She testified she was on the phone with John Boggs when she heard Danny scream a profanity before she heard a gunshot. She says John Boggs spoke to her briefly, and then she called 911. She also says she had been called to the home where the brothers live several times in the last six months to mediate arguments.
The other witness was Jessica Wilfong, the girlfriend of Danny Boggs. She says she was in the house when the shooting took place. She says John had returned from the bedroom where the gun was kept. A few minutes later, Danny came out of the same bedroom. She says Danny was approaching John, who was seated on a couch, when the gun was fired.
Major David Walton, with the Pocahontas County Sheriffs department, says when he arrived on the scene he found Danny Boggs with a massive wound in the chest area. He says John Boggs was seated on the couch in the living room with a 16 gauge single shot shotgun covered by a blanket behind him.
Defense Attorney Josh Edwards, representing John Boggs, says the Prosecution has problems proving premeditation. He says the evidence points to John Boggs acting in self defense.
But county Prosecuting Attorney Donna Price says John Boggs had a plan, saying there was no indication that there was a lawful reason for the shooting.
The Pocahontas Grand Jury will hear the evidence when they convene on April 2nd. In the meantime, Edwards says he will file a motion for a bond hearing in circuit court. For now, John Boggs is being held at the Tygart Valley Regional Jail.
Thanks to Pam Pritt of the Pocahontas Times for the information in this report.