The trial of John Lewis Eberly Jr. on Attempted Murder, Assault and Burglary charges began on Monday, April 5. Jury selection occupied the morning and testimony started in the afternoon. The presentation of the evidence lasted until about 4:30 pm on Wednesday. Over all, about 100 exhibits were entered into evidence. The jury saw evidence from the crime scene, the door with a bullet hole in the doorknob, the gun, many pictures and other items of physical evidence. A firearms expert testified as well as the physician, the victim and the detectives. The jury also heard from the defendant as to his memory of the events.

The charges came out of an incident on May 15, of 2009. On that day, Mr. Eberly had words with his neighbor over the presence of a gate which had been installed in the road. Sometime later, she came home and was accosted by Mr. Eberly as she arrived. She testified she got into her house and locked the door, but Mr. Eberly came onto the porch and fired his handgun at the door and then again through the window and struck the victim. The victim testified he then crashed on into the house and she fought with him. The victim said she struck him with her fists and then on the instep of his foot with the blunt side of a hatchet. The gun was lost in the struggle. She finally escaped to the upstairs of the house where she thought she had a shotgun. When Mr. Eberly left, she ran to call 911 from a nearby house. Later it was discovered that her phone line had been cut. The firearms expert testified that the two panes of tempered glass deformed the bullet and apparently slowed it down, for the wound was not life threatening.

The Jury began deliberations on Thursday afternoon and worked late that night and then all day Friday into that night too. In all the jury deliberated about 18 hours. Late Friday night, the jury announced the verdict. They found Mr. Eberly guilty of Assault in the Second Degree and Burglary and that he used a firearm. The jury was unable to reach a unanimous verdict on the Attempted Murder charge. The sentencing will occur in a few days. The defendant is exposed to a sentence of about 84 months to 95 with credit for the nearly one year that he has already served in the Stevens County Jail awaiting trial.

Thank you to all the jurors who worked so hard to see that justice was done in this case.