Brian Alan Spencer

Brian Alan Spencer

A Hardy man who was indicted on one count of second-degree murder back in January 2019 will face sentencing for an amended charge of voluntary manslaughter on July 6 in Franklin County Circuit Court.

A presentence was ordered last Friday for Brian Alan Spencer, 51, and a four-day jury trial scheduled to start April 21 will no longer occur. The type of plea made was not available from court records as of Monday.

In addition, a charge of using a firearm in a felony, first offense, was abandoned last Friday.

According to reports, one of the witnesses claimed that Spencer was with his wife and the victim at Dawnridge Lane in the Henry community of Franklin County around 3 a.m. Aug. 18, 2018, allegedly drinking and using crack cocaine when an argument ensued and a gunshot was heard.

At the doorway, police found Malcolm R. Ausborne, 32, of Martinsville, Virginia, with a gunshot wound to the head, according to reports. 

Reports also stated that an officer was told by Spencer that his wife had shot the victim, and another officer said that Spencer told him he had woken up to a loud boom.

Court records show both Hardy and Bassett, Virginia, addresses for Spencer.

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