Michael Eads, 20, appeared before Magistrate Gail Roush for a preliminary hearing Wednesday.
Eads was arrested on April 20 by Cpl. Andy Varian and Deputy Terry Powell on a charge of wanton endangerment.
Around 1:30 p.m., on April 20, Eads had apparently got into an altercation with his brother, according to the criminal complaint. The incident happened at the home of their mother located on Leon Baden Road in Leon.
Eads had allegedly went into another room and picked up a shotgun as his brother kicked open a door and started running outside. That is when Eads shot at him one time through a window.
He was arrested by the officers then taken to the Western Regional Jail in Barboursville where he remains.
According to West Virginia code, wanton endangerment is where any person who wantonly performs any act with a firearm which creates a substantial risk of death or serious bodily injury to another.
The penalty for wanton endangerment is confinement in a West Virginia penitentiary for 1-5 years.
Eads’ case will be presented to a future Mason County grand jury.
A preliminary hearing against a Point Pleasant man who had been arrested for two counts DUI causing death stemming from the Jan. 20 accident on Sand Hill Road has been continued.
Benjamin David Norvell, 32, was arrested earlier this month. He is accused of driving while under the influence and causing the death of Matthew D. Scott of Columbus, Ohio, and Ryan Beckner of Point Pleasant.
His new hearing date will be May 11.
According to the West Virginia code, a person driving under the influence of alcohol, controlled substances or drugs and has an alcohol concentration in his or her blood of eight hundredths of one percent or more by weight while driving and causes the death of any person at that time or can be guilty of a felony, and upon conviction of this charge can be imprisoned in a state correctional facility for 2-10 years and fined $1,000-$3,000.