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State v. Winebarger
Citation:
617 S.E.2d 467 (W. Va. 2005).Facts
Winebarger owned several rental properties and businesses, occasionally carrying a handgun for personal protection. One night while driving with his wife, he noticed vehicles he had loaned to Kenny Price & his daughter parked at a local bar. He had instructed Price & his daughter to not use the vehicles for transportation to this particular location, so he & his wife transported the vehicles back to their home.
Later that evening, Price went to Winebarger’s home to confront him. An argument between the two ensued, when Winebarger contends he attempted to fire a shot into the air as a warning to Price. Winebarger maintained Price was aggressive and becoming violent during the exchange. When firing the warning shot, Winebarger fatally shot Price in the neck.
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