Corbin Chase Winnington, 16, was convicted of involuntary manslaughter, two counts of unlawful wounding and use of a firearm in the commission of a felony following a trial late last week in Gloucester Circuit Court.
The charges stem from a New Year’s Eve party at a residence on Guinea Road that left 19-year-old Tyler Heywood of Mathews, a bystander, dead of a gunshot wound and 22-year-old Damarkus Key of Gloucester injured.
The jury’s verdict came following a two-day trial that concluded Friday evening in Gloucester Circuit Court. The jury took about four hours to arrive at its verdict in the trial presided over by Judge Jeffrey W. Shaw. Winnington was initially charged with second-degree murder, with the jury opting for the lesser manslaughter charge.
A 17-year-old witness told the court that she noticed Winnington and Key engage in a verbal argument in the kitchen of the house. The fight escalated, she said, and the two decided to take their argument outside. There was another fight in progress at the time, she said. According to this witness, a crowd was watching these fights and some individuals were trying to break them up. This is when the witness said she observed Key get up and walk away and then saw Winnington shoot his gun while still on the ground.
Key, who also testified, said he did not remember a verbal argument or a physical altercation with Winnington the night of the party. Key also said he could not recall why he went outside during the party. What Key does remember is experiencing a feeling like fire in his leg while walking towards a friend’s vehicle. Key was shot once in the area of his upper left thigh/lower left buttocks. Key also told the court he was intoxicated during the events of the party.
From the party, Key was transported to Riverside Regional Medical Center, Newport News, where he received treatment for his wound. Key had the bullet extracted about a week later at Riverside Walter Reed Hospital, Gloucester, when he noticed the wound had become infected. He said that he is still not completely back to normal after the injury and feels numb at the location of the bullet wound and feels sharp pain in his leg. There is also a scar at the site of the wound.
Other witnesses testified about a rowdy crowd and/or a pile of people on the ground fighting in the yard of the house. Heywood, who was outside the house, was not part of this crowd. Witnesses also observed either seeing Winnington shooting or hearing gunfire coming from that crowd. Some witnesses said they saw Winnington shooting from a slightly raised position with his legs and back on the ground and his chest and head lifted. Heywood was discovered dead after the shooting. One witness testified that her car was shot while she was driving away from the gunfire. She said she and her father gave the bullet from the car to police.
Winnington, who was 15 at the time of the shooting, testified on Friday. He said he acquired the weapon on New Year’s Eve from a 13-year-old male acquaintance. Winnington told the court he did not want to go to the party, but had to because his 13-year-old sister wanted to attend. He said his mother and his mother’s boyfriend dropped the two off at the party sometime between 10:30 and 11 p.m. Before going to the party, Winnington put the gun, bullets, marijuana and Twisted Teas (an alcoholic beverage) in his bookbag. The gun was not loaded at this time.
After rolling a blunt sometime between 11 and 11:20 p.m. in his friend’s car, Winnington loaded the gun and placed it in his pocket because he said he felt unsafe at the party. He also told the court he never intended to use the gun. During the party, Winnington testified, he smoked marijuana and drank four to five small Twisted Teas.
Winnington testified that he was not part of any fights during the party and he does not recall having any confrontation or disagreement with Key. After telling his sister that he was ready to leave the party, she went to say her goodbyes while he waited for her on the porch. Winnington said he then witnessed fights happening in the yard and tried to break them up. He said he got knocked to the ground, lost a shoe, was trampled on, and felt kicking and punching. Winnington also said he heard screaming. At this time, Winnington testified that he pulled out his gun and aimed his shots at the sky. Winnington also said that he was scared.
During the Commonwealth’s cross-examination, Winnington said he shot two bullets to clear the area and he did not mean to shoot anyone.
Winnington told the court he ran from the party down Guinea Road (in the direction away from Route 17) and threw the gun away somewhere in the area. The gun has never been recovered.
Lt. Michael Rice of the Gloucester County Sheriff’s Office said that Winnington turned himself into authorities, arriving at the office at 10:30 p.m. on Jan. 2 and Rice did not observe Winnington having any injuries at that time.
Witnesses said the party had somewhere between 40 and 100+ people, where alcohol, fights, drugs and guns were all present.
In closing arguments, Marie Walls of the Commonwealth’s Attorney office told the jury that there is “nothing more permanent than the death of a young man.”
Winnington is scheduled to be sentenced on Oct. 16, where he faces a maximum sentence of 25 years. He is currently being held at the Merrimac Juvenile Detention Center.