Commonwealth Journal

November 20, 2012

Local man indicted in hammer attack

By HEATHER TOMLINSON, CJ Staff Writer
Commonwealth Journal

Somerset —  

A Somerset man was indicted on charges connected to a September incident during which he allegedly attacked two victims with a hammer. 
Herbert “Herbie” Dugger, Jr., 34, of Crane Street, Somerset, was indicted earlier this month by a Pulaski County grand jury on assault, kidnapping and other charges. 
Dugger was arrested in September after the Somerset Police Department responded to a report of an apparent assault that took place at a residence on Crane Street. Once officers arrived on the scene, they discovered Kristen McWain, age 38, and a male juvenile suffering from wounds sustained during an alleged assault.  
Lt. Shannon Smith, with SPD, said McWain suffered from a laceration to the head in the attack. 
Smith said the male juvenile “was actually able to fight back in protection of McWain,” which caused the suspect to then attack the juvenile. 
Smith said both victims told officers the suspect, identified as Dugger, had attacked them with a hammer, and Smith said McWain’s injuries were consistent with their statements. Smith said the juvenile, a teenager, suffered some abrasions from the hammer and from the perpetrator’s fists. 
Dugger, who Smith said appears to be McWain’s boyfriend, allegedly fled the scene on foot after the apparent assault. 
Dugger, who was considered armed and dangerous by SPD, was arrested around 24 hours after the alleged incident took place. 
Dugger was convicted in 1995, at age 17, of manslaughter in the death of Joe Franklin Bryant, 36, who was shot and killed. 
The grand jury indicted Dugger on two charges of second-degree assault for McWain and the juvenile victim. 
Dugger was also indicted on one charge of kidnapping, “by restraining Harold E. Kidwell with the intent to inflict bodily injury, or terrorize and/or to accomplish or advance the commission of a felony,” according to the indictment. 
The grand jury also indicted Dugger on possession of a handgun by a convicted felon and two counts of first-degree persistent felony offender. 
SPD Officer Randall Smith appeared before the grand jury as a witness in the case. 
An indictment is an accusation only. Defendants are presumed innocent until proven guilty in court.