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Defense attorney Patrick Kenney gave an oral notice at the close of Wednesday's hearing to appeal General District Court Judge Frederick King's finding against Brent Brewer.
Jeremiah Unique Pannell, who was 15 when a companion fatally shot a restaurant manager, is being tried as an adult.
Douglas Paul England, 46, of Vinton was charged with making a threat and using profane language during a phone call to the Roanoke County Commonwealth's Attorney Office on July 21.
All charges were dropped in the Jan. 18 incident at an apartment complex that allegedly involved gunfire — although no weapons were found afterward.