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Police Say Brothers Argument Escalates Into Gunfire

Reported by: Send eMail Kennie Bass
Videographer: Matt Durrett, John Tincher
Web Producer: Kennie Bass
Reported: Dec. 5, 2013 6:15 PM EST
Updated: Dec. 5, 2013 9:09 PM EST

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Sibling Rivalry
Eyewitness News Photo

Bell Creek , Kanawha County , West Virginia

Howard G. Lyons, 67, was placed in the back of a state police cruiser after he allegedly fired several shots at his younger brother with a nine millimeter pistol.

"He's just spiteful and he knowed I planted it," Timothy Lyons of Bell Creek said. "When I came back out of the driveway he done started in on it."

It happened in Bell Creek in eastern Kanawha County. The criminal complaint says Howard Lyons was arguing with his younger brother Timothy over an apple tree that Howard had started to take down with an excavator.

"He's dead as far as I'm concerned," Timothy Lyons said. "What could you do? Just duck and go up the road. They was ricocheting. I just thought about my horse, he was shooting toward my horse, too, you know."

Property dispute at best, domestic dispute," West Virginia State Trooper First Class S.W. Perdue said. "The suspect, Howard Lyons, over a dispute over an apple tree admitted shooting twice in the air. He said he didn't shoot at him."

Timothy said Howard fired three shots as he was driving his car past his father's property where the apple tree is standing. Howard told police he only fired a couple of times into the air. Their father said the brothers have a long history of trouble.

"They never could get along, that's about it," Floyd Lyons of Bell Creek said. "Howard thought he had a gun. Howard got his pistol and shot up in the air because I was right here with him and that was all that happened."

Howard Lyons is charged with Wanton Endangerment and Brandishing. With those two charges was taken to the South Central Regional Jail on a $50,000 bond. He's facing up to six years in prison and $3500 in fines.



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