KEYSER - The lead investigating officer testified Monday that there were four other people at the Rutter residence prior to the double homicide on Nov. 18 that resulted in the shooting deaths of Donald L. Rutter, 32, and Destiny C. Foster, 25.

By Liz Beavers
lbeavers@newstribune.info
Tribune Managing Editor
KEYSER - The lead investigating officer testified Monday that there were four other people at the Rutter residence prior to the double homicide on Nov. 18 that resulted in the shooting deaths of Donald L. Rutter, 32, and Destiny C. Foster, 25.
Testifying during the preliminary hearing for Jimmy Lee Lambert, who is charged with first-degree murder in connection with the deaths, Lt. Chris Leatherman said he had interviewed a young woman who said she and another female had been at the Rutter residence earlier in the day but left shortly after midnight.
In addition, a male who had also been at the residence voluntarily contacted the Hampshire County Sheriff’s Department following the shooting and was also interviewed about the incident.
According to Leatherman, the male testified that he and Michael Duncan, who has also been charged with two counts of murder in connection with the incident, arrived at the Rutter residence and “got out of the car and walked toward the residence.”
Leatherman said the witness stated that he believed Duncan was standing on the porch near the door of the residence when they heard gunshots from inside.
It was reported that Lambert then came out of the residence and he and Duncan got in the car and they all left.
It was after that that Foster was able to call 911 herself to report the shooting. The call went in to Hampshire County 911, and was transferred to Mineral County.
Two deputies from Mineral County and two from Hampshire County were first on the scene.
Leatherman said a body cam worn by one of the Hampshire deputies showed that Foster was talking with the officers and stated that Jimmy Lambert had shot her.
When attorney Ramon Rozas, representing Lambert, asked if toxicology reports had indicated that Foster might have been under the influence when she indicated Lambert, Leatherman said he has not yet received the autopsy reports from either Rutter or Lambert.
The investigation is continuing.