Indictment added against accused killer

WINCHESTER — A city man accused of killing another man will not go to trial this month, following a new indictment in the case.

Bradley Scott Gregory, 28, was indicted Thursday for felony homicide — or second-degree murder — in the New Year’s Day death of Michael Scott Shirley, 27, of Berkeley Springs, W.Va.

He had earlier been charged with first-degree murder and use of a firearm in the commission of a felony.

Gregory was scheduled to go to trial on the matters Nov. 28, but his attorney Public Defender Timothy Coyne said Friday that due to the new indictment, another date must be set.

Gregory is scheduled for a hearing at 9 a.m. Wednesday in Frederick County Circuit Court.

The primary difference between first- and second-degree murder is that the first is premeditated and the second is not.

County Commonwealth’s Attorney Glenn Williamson said the new indictment against Gregory will give the jury another choice during its deliberation.

“It’s more of an alternative,” he said.

He said the charge was brought in an effort to make sure no additional issues would arise at the trial.

As previously reported by Capt. John Heflin of the county Sheriff’s Office, deputies responded during the early morning hours of Jan. 1 to a 911 call about a person who had been shot at 1373 S. Timber Ridge Road, near the West Virginia border.

According to court records, Gregory was sitting in a vehicle in a parking area when he loaded the gun and shot Shirley in the chest.

Documents state that Gregory admitted shooting Shirley.

— Contact Melissa Boughton at mboughton@winchesterstar.com