Newhouse was standing outside waiting for deputies when they arrived on the scene, while Shaffer was inside with a gunshot wound to the abdomen, deputies said. Shaffer was taken to CAMC General Hospital and later died.
Drummond previously told the judge much of the case relied on the testimony of Shaffer's girlfriend, Christina Burgess, who was at the home during the shooting.
Burgess told police that she and Shaffer had been staying with Newhouse, who she said drank almost every day until he passed out.
According to police, Burgess said she and Shaffer had left the home the day of the shooting because they were arguing. When they returned, Burgess said the door to Newhouse's house was locked, but he let the couple in.
Forbes said Newhouse only let Burgess in his house that night. Shaffer arrived shortly after and started threatening Newhouse, according to Forbes.
Bailey read a lengthy list of Newhouse's prior criminal charges -- many DUIs and several battery offenses, which all had been dismissed.
"I don't know why he even had a gun," the judge said. "Someone who appeared to conduct himself the way he did and drink the way he did shouldn't have a gun."
When given the chance to speak in court, Newhouse only said, "I need help with my alcohol problem."
Reach Kate White at kate.wh...@wvgazette.com or 304-348-1723.