Shooting Trial Delayed Again

Attorneys Awaiting Lab Results

Posted: May 24, 2014

HARRISONBURG — Two months after the trial of a Fulks Run man charged with shooting another man in an apparent argument over the defendant’s wife was postponed, attorneys in the case returned to court Thursday to delay it again — for the same reason.

The attorney defending Mark Louis Hurley Jr., 27, says he’s still waiting for fingerprint and DNA analysis from a state lab.

Hurley is charged with one felony count of malicious wounding and one felony count of use of a firearm in the commission of a felony.

“It’s something we must have to proceed to trial,” Graves told Rockingham County Circuit Court Judge T.J. Wilson during a hearing Thursday.

The fingerprints were sent to the lab for analysis in mid-February.

Graves said that last week prosecutors spoke with the officials at the lab who said it would be another three to six weeks before the results would be back.

“I think they have just been swamped,” said Graves, noting the lab has a prioritization system, and murder cases get moved to the front burner, while cases like his get bumped.

The fingerprints were retrieved from the barrel of a shotgun that police say was used in the shooting of Damien Roy Mills, 22, of Bergton, during a struggle at Hurley’s Fulks Run home on Aug. 15. Hurley has claimed from the beginning that the shooting was accidental.

Rockingham County sheriff’s deputies say Hurley fired one shot with the shotgun, striking Mills in the stomach.

Investigators say Hurley returned to his home at 14480 Nash Hill Lane early from work that night to find Mills there with his wife. The two men fought before Mills was shot.

Mills was seriously wounded and flown to the University of Virginia Medical Center in Charlottesville, where he was treated for his injury and released.

Wilson rescheduled Thursday’s jury trial for Aug. 28.

Hurley is being held without bond in Rockingham County Jail.

Contact Pete DeLea at 574-6278 or

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