MARTINSBURG, W.Va. — A Hedgesville man charged with malicious wounding stemming from an incident last June appeared in a Berkeley County courtroom Monday.
23rd Judicial Circuit Court Judge Michael Lorensen did order for the defendant, 35-year-old Benjamin Allemong, to be monitored for 24 months and to pay restitution for the victims medical bills and court costs.
It was the night of June 5 when Allemong fired birdshot at the 12 year-old as he was attempting to flee from his Heavenly Drive residence.
The defendant told the judge that the boy was attempting to break into his home where two children were sleeping.
Police responded to the reported burglary and found the victim with nine pellets in his back. He allegedly told police that he was sleepwalking. Judge Lorenson placed the case on deferred adjudication.
“If the Defendant is successful after two years on probation, then the judge will entertain a motion to dismiss, and if the Defendant fails at complying with the terms of probation, the felony conviction will then be entered and the Defendant will be sentenced,” Berkeley County Prosecuting Attorney Catie Wilkes Delligatti explained to WEPM News.