Arrest made in Pine Ave. shooting

By Tony Gonzalez
Published: September 16, 2008

Police on Tuesday said they have arrested a Waynesboro man in connection with a Sept. 8 shooting they initially described as self-inflicted.
Police charged Brian H. Henkel, 18, of Maple Avenue, with discharge of a firearm in an occupied dwelling in the Sept. 8 shooting of Joshua Via, 21, who was staying at 520 Pine Ave.
Via suffered a gunshot wound to the chest. He was flown from Augusta Medical Center in Fishersville to the University of Virginia Medical Center in Charlottesville, where his condition improved upon treatment, police said. Via remained hospitalized Monday but was nearing release, police said.
“Our preliminary investigation was leading us in the direction that the victim had accidentally shot himself,” Waynesboro police Sgt. Kelly Walker said. “As the investigation progressed, we were able to determine the victim did not discharge the firearm.”
Based on statements obtained in the early stages of the investigation, police said they initially thought Via was in a room alone when the shot was fired. Relying on physical evidence, police said they since have determined that Henkel also was in the room.
Police recovered a 9 mm handgun inside the apartment. Police said Henkel owns the weapon.
Three friends attempted to take Via to the hospital, but were flagged down by police. Via then was taken by ambulance to Augusta Medical Center.
Henkel is free on bond from Middle River Regional Jail in Verona. The charge of discharge of a firearm in an occupied dwelling is a Class 6 felony, which could be treated as a misdemeanor, police said.