FAIRMONT, W.Va. – A special session of the Marion County grand jury indicted three people, including two on murder charges.
William Littleton, 27, and Richard Moore II, 35, are indicted on charges of first degree murder and conspiracy. Littleton and Moore are accused of fatally shooting Justin Cassella in December 2018.
James Hinerman III, 24, is indicted on charges of wanton endangerment involving a firearm and involuntary manslaughter.
Marion County deputies said that on December 25, 2018, Hinerman admitted to shooting Peggy Sanders on Lofty Lane in Montana Mines.
Hinerman told deputies the shooting was accidental and occurred when he had placed a magazine in his pistol, according to a criminal complaint. Upon his doing so, the slide moved forward and fired, deputies said.
Witnesses on scene stated that they heard Hinerman say, “It’s my gun. I know when it’s loaded,” seconds before the gun was fired, according to a criminal complaint.
Further witness statements related that Hinerman had the pistol out and was “messing” with it by racking rounds out and waving the gun around, according to deputies. Witnesses told deputies that Hinerman would rack rounds out then pull the trigger, according to a criminal complaint.
Witnesses stated that Hinerman was told to stop, and upon being told to quit playing with the gun, Hinerman responded, “It’s my gun. I know when it’s loaded,” according to deputies. Seconds later, the gun fired and hit Sanders, deputies said.
Sanders died from her injuries at Ruby Memorial Hospital, within 24 hours of the incident, according to a criminal complaint.