KEYSER - Michael Paul Duncan, the second person charged in the double homicide that occurred Nov. 18 near Burlington, was bound over for Circuit Court on Tuesday.

By Liz Beavers
lbeavers@newstribune.info
Tribune Managing Editor
KEYSER - Michael Paul Duncan, the second person charged in the double homicide that occurred Nov. 18 near Burlington, was bound over for Circuit Court on Tuesday.
Duncan, 29, of Capon Bridge, is charged with two counts of murder in connection with the shooting deaths of Donald L. Rutter, 32, and Destiny C. Foster, 25, at Rutter’s residence on Maple Hollow Lane off Beaver Run Road near Burlington.
Jimmy Lee Lambert, 33, of Stephens City, Virginia, was charged with two counts of murder earlier and appeared in Mineral County Magistrate Court on Monday.
The purpose of the preliminary hearings was to determine if enough evidence existed to try the cases in Circuit Court, and in both cases Magistrate Pat Amoroso ruled the evidence was sufficient.
Tuesday, Duncan was represented by attorney Nick James and the state was represented by assistant prosecuting attorney Gaynor Cosner.
In the only testimony offered during the hearing, lead investigating officer Lt. Chris Leatherman of the Mineral County Sheriff’s Office stated that one of the persons he had interrogated said he and Lambert had been at the Rutter residence prior to the shooting and “he was told by Jimmy that someone was coming to pick them up.”
Duncan arrived in a vehicle, got out and walked toward the residence.
Leatherman said the witness said he “believed Michael Duncan was standing on the porch, by the door,  and at that moment he heard gunshots.”
Duncan and Lambert then left the residence, got into the car with the witness and they left the scene.
Inside, Foster was able to call 911 but Rutter had already passed away.
When the first law enforcement arrived on the scene, Foster told them Lambert had been the shooter, Leatherman said.
“Is the state actually accusing my client of pulling the trigger?” James asked Leatherman during cross-examination.
“Absolutely not,” Leatherman replied, adding, “I believe your client brought the firearm to the scene and was present … when Mr. Rutter and Miss Foster were shot.”
James asked if the shotgun had every been recovered and Leatherman said it had not.
Leatherman also testified that results from the autopsies and tests on some of the evidence have not yet returned to Mineral County.
“So there’s still a lot of stuff that’s unknown at this point?” James asked.
“It is an ongoing investigation,” Leatherman replied.
Duncan remains incarcerated in the Eastern Regional Jail in Martinsburg.