MARTINSBURG, W.Va. (AP) - A judge has overturned the embezzlement conviction of a former Berkeley County deputy.
The Journal reports that Judge John C. Yoder issued an order this week overturning and setting aside the conviction of Dennis Streets, a former Berkeley County Sheriff's Department captain.
A jury convicted Streets of embezzlement in August. He was accused of selling department-issued guns and pocketing the cash.
The judge said that the prosecutor erred when he attacked Streets' character in his closing arguments during the August trial. Yoder said that although there was "substantial evidence" against Streets, there's no way to know whether the prosecutor's comments unfairly swayed the jury.
A status hearing has been set for Dec. 17.