UPDATE: Charges upgraded to murder after Nicholas County victim dies from injuries

West Virginia

UPDATE (Thursday, May 20 at 4:15 p.m.): On Thursday, the victim, James Albert Fitzwater II died from the injuries sustained in this altercation. This means that the charges against Ricky Eugene Kincaid have been increased to murder.


NICHOLAS COUNTY, WV (WOWK)—According to the Nicholas County Sheriff’s Office, a man was arrested for attempted murder, wanton endangerment and malicious wounding around 7:20 p.m. on Tuesday on Hutchinson Branch Road in Gilboa.

59-year-old Ricky Eugene Kincaid got into a physical altercation with another man and ended up shooting him with a pistol. The victim was transported to Ruby Memorial Hospital for his injuries.

The incident is still under investigation by Sgt. Holdren of the Nicholas County Sheriff’s Department.

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