PORTSMOUTH— A Scioto County jury found a Waverly man guilty on charges of voluntary manslaughter last week, stemming from a February 2020 incident.

As Scioto County Prosecutor Shane A. Tieman explained in a press release, Dustin Lynn Underwood, a 39-year-old of Waverly, had an altercation in Rarden with the victim, Lonnie Elliot.

On February 3, 2020, Elliott brandished a gun at Underwood in the vicinity of his two teenage children who resided on Mr. Elliott’s property with their mother Sabrina Gilbert.

Gilbert approached Elliott about his behavior and during this argument, Underwood grabbed and tackled Elliott to the ground. At some point in the struggle the gun discharged, striking Gilbert.

The gun ultimately was found on the ground and came into the possession of the defendant who attempted to shoot Elliott. Elliott was incapacitated due to a severe beating he received at the hands of Underwood and his son. He ultimately succumbed to the injuries he suffered at the hands of the Defendant.

The incident resulted in a three-count indictment for Murder, Voluntary Manslaughter and Felonious Assault. After a four-day jury trial before Judge Mark E. Kuhn the jury found Defendant guilty of Voluntary Manslaughter with a gun specification, finding provocation by the victim. Defendant Underwood was sentenced to 13 to 18 years in prison.

The State of Ohio was represented by Assistant Prosecutor Matthew F. Loesch and Prosecutor Tieman. Attorney James T. Boulger of Chillicothe represented Underwood.

Prosecutor Tieman wished to thank the Scioto County Sheriff’s Office, the Pike County Sheriff’s Office and the Ohio Bureau of Criminal Investigation for their assistance in the prosecution of Underwood.

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