FINCASTLE, Va. (WDBJ7) The man who died last week in a fight at a Fincastle gas station was the aggressor and at this point charges will not be placed against the other man involved in the fight, according to a news release from the Botetourt County Sheriff’s Office and Commonwealth’s Attorney.
The man who died has been identified as 35-year-old Donald Moran Jr. of Troutville. According to investigators, Moran pushed the 20-year-old man first and then punched him in the face.
Witnesses told deputies that after the punch was thrown, Moran and the 20-year-old man went to the ground and started fighting. Moran pulled a pistol from his waistband, and the two struggled over the gun. The gun was knocked out of Moran’s hand, and a customer at the gas station kicked it away from the two.
At this point, no charges will be placed against the 20-year-old, who has not been identified.
“The evidence collected at this point is that Mr. Moran was the original aggressor and introduced a deadly weapon into this encounter,” Botetourt County Commonwealth’s Attorney Joel Branscom wrote in a news release. “No charges will be sought pending the completion of the ongoing investigation and receipt of the medical examiner's report. At that point, we will look at all the available evidence in light of Virginia law before making a final decision.”
When deputies arrived Moran was unresponsive. He was taken to the hospital where he was later pronounced dead. The 20-year-old had cuts to the face and head and was also treated at the hospital.
The first investigator on scene found a loaded semi-automatic handgun at the scene. A holster was found on Moran.
The fight happened around 5:50 p.m. Thursday at the Happy Food Mart at 8216 Roanoke Road in Fincastle.
“This was a tragic situation and very uncommon event for our community. We are working closely with the Commonwealth Attorney’s Office and I would ask for the community’s patience as investigators examine all of the evidence,” Botetourt County Sheriff Ronnie Sprinkle wrote in a news release.
To see the full news release, scroll down or look to the right of your screen.