Commonwealth’s Attorney Suzanne “Suni” Perka says the Virginia State Police did not pressure her in any way to seek an involuntary manslaughter indictment against David Ellis Ferrebee for the Feb. 18 accidental shooting death of Trooper Kevin Manion.
Perka says she believes the law is clear and that Ferrebee should be charged with murder, and a jury or judge should decide the issue.
Ferrebee, 58, of Charles Town, W.Va., was indicted last week by the Clarke County Grand Jury on the five felony charges of involuntary manslaughter, felony murder, theft of a firearm, breaking and entering, and possession of a firearm after being convicted as a felon.
Ferrebee was also indicted for the two misdemeanor charges of driving under the influence and driving with a suspended license on Feb. 18.
Police testified recently that Ferrebee stole a rifle from a friend’s house and was found later that day by the river on Frog Town Road with a companion, drunk and having wrecked his pickup truck. When state police had the truck towed away, the rifle accidentally discharged and killed the trooper who was standing by the road.
“If someone dies during the course of your felonious conduct, then you may be charged and convicted of felony murder,” Perka said Friday.
“He (Ferrebee) had stolen a firearm, which had not yet been recovered, and he was not supposed to have the gun because he was a convicted felon,” Perka said.
“And somebody died,” she said.
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