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W.Va. justices affirm arrow death conviction

CHARLESTON, W.Va. -- The West Virginia Supreme Court has upheld the conviction of a Morgantown man in the bow-and-arrow death of a friend.

Andrew Michael McIntyre is serving 12 years in prison for the October 2011 slaying of 19-year-old Marcus Toothman.

Prosecutors said McIntyre, who was 20 at the time, shot Toothman with an arrow from a compound bow after an argument. McIntyre was charged with first-degree murder, but a Monongalia County Circuit Court jury convicted him of second-degree murder.

On appeal, McIntyre claimed the trial judge made errors in jury instructions and allowed the prosecutor to make improper remarks to the jury. The justices on Monday found no merit in any of the claims.


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