Fairmont man admits to fatal shooting, pleads guilty in Marion County court


A Fairmont man pleaded guilty Wednesday to a murder charge in Marion County.

Austin Mays pleaded guilty in front of Judge Patrick Wilson to second degree murder in the shooting death of Dustin Myers on May 22, 2018.

Mays was originally charged with first degree murder in the incident, which would have carried a life sentence.  Instead, the prosecution agreed to reduce the charge, which would carry a prison sentence of 10 to 40 years.  Prosecutors recommended, and Mays agreed to, a prison term of 40 years.

During the hearing, Mays said he was driving down Pinchgut Hollow Road with Myers and another person, when he fired his gun, hitting Myers in the back of the head.  The car then crashed, and Mays fired his gun again into the side of Myers’ head, Mays admitted.

When Judge Wilson asked Mays if he intended to kill Myers, Mays replied, “yes, sir.”

The prosecution stated that a neighbor called 911, saying he heard a couple of pops and then a crash.  The neighbor also reported seeing two people leave the scene with a dog.

The third person in the vehicle previously testified and confirmed the story.

Mays will be sentenced on May 14.  If Judge Wilson agrees on the 40-year sentence, Mays would be eligible for parole after serving one-third of his sentence, which would be 13 years, 4 months.

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