Shots were exchanged between 52-year-old Terry Myers and a group of roving BLM activists last summer. The group was passing through Bedford County, PA from Milwaukee. The group of at least five car loads was heading to Washington D.C. for a protest.
The shooting take place after the group of 50+ had stopped in a private parking lot that belonged to a towing company owned by Myers. Investigators determined that the group was at the lot for more than an hour.
After being told to leave, an argument ensued. On a Facebook stream from one of the activists, a group can be seen standing in front of the garage when a gunshot rings out. A man can then be seen exiting a home across the street followed by more shots.
The group claimed that they heard no warnings and were fired upon without provocation. “We just got through stretching and were listening to prayer and gospel music when we heard a gunshot,” said group spokesman “Frank Nitty”, who identifies as a community advocate. Nitty also accused the property owner of using racial slurs.
On their way down from Milwaukee, two members of the group were arrested in Indiana for blocking traffic.
Regarding the shooting incident, a state police affidavit stated that Myers fired two warning shots into the air with a shotgun. A state police investigator testified that DNA and video evidence showed Terry Myers reacted to what he had said were flashes that he saw coming from the protesters, believed to have been the two shots fired by 37-year-old Orsino Thurman.
Thurman, one of the activists, was shot and transported to a hospital. He could be heard on the livestream saying “I hit him too.” Due to past convictions, Thurman is not legally allowed to own a firearm.
In May, both Thurman and Myers were arrested on multiple charges. Myers was arraigned on several charges, including aggravated assault with a deadly weapon. Thurman was also arraigned on multiple counts, including aggravated assault, criminal trespassing and illegal possession of a firearm.
On Wednesday, a judge threw out the felony aggravated assault with a deadly weapon charge against Myers. Originally arraigned on 41 total counts, 10 of the 19 simple assault counts, 12 of the reckless endangerment counts, and a criminal mischief charge, based on subpoenaed witnesses who did not show up to testify Wednesday, were tossed. After a short deliberation, the aggravated assault charge, as well as multiple simple assault charges, were dismissed as well.
Myers will still be in court on several misdemeanor counts of reckless endangerment and a summary harassment offense. A court date has not been set as of this time.
Thurman has still not answered to charges of illegally possessing a firearm, aggravated assault, simple assault, recklessly endangering another person, criminal mischief and criminal trespassing.