The Hagerstown man charged in the Jan. 15 shooting death of Damon M. Scott was indicted on one count of murder Tuesday by a Berkeley County grand jury, according to Prosecuting Attorney Pamela Games-Neely’s office.
Brock Jerome Smith, who turns 22 today, is being held at Eastern Regional Jail without bond.
Also indicted Tuesday was co-defendant, Dionnday M. Anderson, 21, who is charged with making a false statement to a law enforcement officer. Anderson, who also is incarcerated at ERJ, is accused of lying to Berkeley County Sheriff’s Department Deputy Trampus Boyles, according to the indictment returned by sequestered jury.
Anderson allegedly told the deputy that he was passed out in the vehicle when Scott was shot outside of Club Zero, which operated at 1774 Winchester Ave., just south of Martinsburg.
The private club’s license was canceled since the shooting, according to the West Virginia Alcohol Beverage Control Administration’s online database.
Police have said that Scott had gunshot entry wounds on the right side of his chest and on his back above his right kidney.
Outside the club, police found multiple 9mm shell casings after the shooting, which happened at 3:11 a.m.
A witnessed testified in a preliminary hearing held in Berkeley County Magistrate Court that he saw Smith, of 623 George St., jump into the passenger seat of a car that was later identified as a Chrysler 300 and leave the club parking lot.
Another witness told police that Smith shot Scott, who was also known as “Gotti,” in self-defense after Scott pulled a gun on the defendant and attempted to rob him, according to court records.
After the shooting, the Chrysler was pursued by West Virginia authorities into Maryland. The chase ended near Clear Spring when the car went off U.S. 40 and crashed in a wooded area, Maryland State Police had said.
Also indicted Tuesday were:
• Mark H. Wright, P.O. Box 371, Gerrardstown, W.Va., on one count of driving revoked for driving under the influence third offense
• Daniel E. Aikens, 146 N. Mission Road, Harpers Ferry, W.Va., on counts of burglary and destruction of property.
• Ian M. Derr, P.O. Box 1152, Shepherdstown, W.Va., on counts of first-degree robbery, conspiracy and burglary.
• Ronald D. Whetzel Jr., 1271 Kelly Island Road, Martinsburg on counts of first-degree robbery, conspiracy and burglary.
• Rickey L. Lake Jr., P.O. Box 545, Inwood, W.Va., on counts of grand larceny and burglary.
• Michael D. Sweeney, 127 Elm St., Hagerstown, on counts of burglary, grand larceny and conspiracy
• Sterling O. White, no known address, on counts of burglary, grand larceny and conspiracy
• Donald G. Norris, 11033 Valley Road, Berkeley Springs, W.Va., on counts of burglary, grand larceny and conspiracy.
• Michael P. McDonald, 211 Tudor Drive, Inwood, on one count of fraudalent insurance claim.
• William C. Underwood, incarcerated at ERJ, on one count of malicious assault and one count of domestic battery third offense.
• Albert J. Johnson Jr., incarcerated at ERJ, on one count of first-degree sexual abuse and one count of third offense domestic battery.
• Wayne A. Parsons, 76 Tub Run Hollow Road, Glengary, W.Va., on soliciting a minor child via a computer.
• Orry J. Savage, incarcerated in Jessup, Md., on counts of grand larceny and conspiracy.
• Roger W. Adams, 308 Rough Rider Lane, Gerrardstown, on three counts of sexual abuse.
• Timothy A. Kitzmiller, 72 Bianca Court, Martinsburg, on counts of attempted first-degree sexual assault, brandishing a weapon, second-degree attempted sex assault and two counts of first-degree sexual abuse.
• Samuel D. Sine, P.O. Box 1543, Inwood, on one count of manufacture of marijuana.
The grand jury is expected to reconvene Wednesday to consider additional indictments, which reflects a conclusion that the accused probably committed the crime or crimes in question.