Newhouse and Shaffer began arguing, the prosecutor said. At some point, Shaffer raised his hands and Newhouse went and got a gun.
"Burgess said her belief is that Newhouse only intended to frighten the victim, not kill him," Drummond said.
Newhouse had previously told his neighbor, however, that the couple had broken into his home and that he was protecting himself, Drummond said.
"There are obviously elements we would dispute" if the case had gone to trial, said Bill Forbes, who represents Newhouse, referring to Drummond's statements. Newhouse, though, said he agreed with the facts Drummond stated about the case.
Newhouse was set to begin trial on Monday. His attorney had planned to ask the judge not to allow the 911 call be presented to jurors, according to court documents, as it brought up another shooting his client was involved in. Burgess told the 911 dispatcher, according to a transcript of the call, that Newhouse had shot someone before.
Newhouse was previously arrested and charged with malicious wounding in the shooting of a woman in December 2008, according to a criminal complaint filed in Kanawha County Magistrate Court.
That charge was later dismissed for lack of evidence, according to court records.
Reach Kate White at kate.wh...@wvgazette.com or 304-348-1723