State v. Westberg
Apr 10, 2018OUTCOME: Lesser Offense 12-24 months
On May 17, 2018 at approximately 4:00 p.m., a Pender County jury reached a verdict in the trial of State of North Carolina v. Dennis Westberg. That trial was presided over by Judge Joshua Willey, Jr. o ... f New Bern, NC. Counsel for the defense, Assistant Public Defender Richard G. Miller and Tabitha Bingham, a private attorney committed to indigent justice and the entire defense team were relieved when the jury of twelve reached a verdict of Involuntary Manslaughter for their client facing First Degree Murder (Life Without Parole). In the early hours of June 26, 2015, Dennis Westberg shot his friend, the alleged victim Joshua Goodson, in self-defense in his Hampstead, North Carolina home. Westberg is a retired Navy Corpsman and was employed as an EMT for New Hanover County Regional Medical Center at the time of the shooting. Westberg’s life was committed to saving the lives of others. In fact, Westberg befriended Goodson after recognizing that he had been the EMT on a rescue call where Goodson was involved in a car accident. Both the men loved sports and cars, and both had children and became close friends. Westberg testified in his defense. Westberg had knowledge that Goodson had a DWI, but on that night he discovered that Goodson’s troubles went way beyond a DWI. In fact, the jury heard evidence from Goodson’s mental health professionals, a local district judge, probation officer and other law enforcement officers which made clear that Goodson had a life history of mental illness and criminal behavior. Westberg testified that he noticed a change in Goodson’s behavior in the weeks leading up to June 26, 2015. The jury heard evidence that Goodson was facing a pending felony and several probation violations. Westberg testified that Goodson entered his bedroom, stood over his bed and threatened to kill him. When Westberg heard Goodson going for the closet, where Westberg kept a gun, Westberg attempted to flee the house. When he could not escape he grabbed a gun from the kitchen and shot Goodson. On the night of the incident both men had been drinking. The autopsy of the victim showed a blood alcohol content of 0.16. Westberg told the jury he believed that Goodson was armed when he shot him. Immediately following the shooting, Westberg called 9-1-1 and waited for emergency services. The jury had the option of finding Westberg guilty of First Degree Murder, Second Degree Murder, Voluntary Manslaughter, Involuntary Manslaughter, or acquittal. The court gave an instruction on self-defense. After a day and a half of deliberation, the jury came back with a verdict of Involuntary Manslaughter and Westberg was sentenced to 12 to 24 months active sentence in the North Carolina Department of Adult Corrections, and he was ordered to complete alcohol treatment during that sentence. Westberg made the decision immediately after judgment was entered by the Court not to appeal his sentence. Westberg hopes that one day he can continue to save lives as a paramedic.
