Self-Defense Claimed In Ohio County Murder Case
Trial begins in East Wheeling shooting
WHEELING — Martin Sheehan, defense attorney for accused murderer Dallas Michael Acoff, told a jury Monday Acoff was acting in self-defense when he allegedly shot 33-year-old Lemroy Coleman near an East Wheeling bar last October.
“This is the first opportunity Mr. Acoff has had to answer the (Ohio County grand jury) indictment in court. So he’s going to,” Sheehan said during his opening statement Monday. “In this particular case, (Assistant Ohio County Prosecutor Shawn) Turak tells you it’s simple, but that’s the first disagreement I’ll have with her.”
On Oct. 9, 2015, Coleman died of a gunshot wound he suffered outside the American Legion on Jacob Street in East Wheeling.
Acoff, 27, is charged with one felony count each of murder, malicious assault and being a person prohibited from possessing a firearm; and three counts of wanton endangerment involving a firearm.
Acoff allegedly shot at Coleman and a man named Norman Banks, wounding Banks and killing Coleman.
After the shooting, Acoff fled to Cleveland in a move, prosecutors argued during a pretrial hearing Friday, that was due to “a desire to escape or avoid prosecution due to a guilty conscience or knowledge.”
Ohio County Circuit Judge David Sims is presiding over Acoff’s trial.
Following jury selection, Sims, the attorneys and jurors went to view the site of the shooting in Lane E, an alley near the American Legion, located at 15th and Jacob streets.
Sheehan said video surveillance footage from the club, which the jury will view during the trial, will show Coleman brandishing a gun upon Acoff’s entrance. Although there is no sound on the video, Sheehan said Coleman told Acoff, “Come outside, I’m going to kill you.”
Turak said the same footage will show Coleman’s demeanor change upon seeing Acoff. She said he suddenly went from enjoying himself to appearing upset, then exiting the bar.
“This is not a complicated case at all,” Turak said in her opening statement.
She referenced Acoff’s alleged escape to Cleveland as a sign of guilt. She showed the jury a screenshot from surveillance footage that depicts a man aiming a weapon at an undetermined target outside the American Legion. The subject’s face isn’t clear, but Turak said the man pointing the gun was Acoff.
After opening statements, Turak called numerous officers with the Wheeling Police Department to the witness stand to account for each one’s involvement in the initial response to the shooting. Officer Jason Hupp, the first on the scene, told the jury he found Coleman lying facedown in Lane E at roughly 1:20 a.m., clutching a gun in his right hand with a finger on the trigger.
With the swift arrival of backup, Hupp and several officers approached an unresponsive Coleman, demanding he release the weapon. Officer Harry Myers said he kicked the gun aside. Coleman was handcuffed and lifted, and that’s when officers found the gunshot wound on Coleman’s left side near his torso.
Myers said Coleman exhibited labored breathing at the scene. Coleman was taken to Ohio Valley Medical Center, where he was pronounced dead a short time later.
Myers said hospital staff found a “large amount of currency” in Coleman’s possession.
Turak later called Wheeling police Detective Robert Safreed to the stand. Together, they reviewed evidence collected at the scene, which included two unfired bullets at 41 15th St.; a bullet fragment and magazine with one bullet for a .380-caliber handgun at 47 15th St.; a spent shell casing for a .380 at 61 15th St.; an identification card, gold watch, three spent .380 shell casings and a casing for a 9 mm handgun; another 9 mm shell near the American Legion; and a 9 mm handgun, cellphone and 9 mm shell casing in Lane E.
The 9 mm handgun, shown to the jury, belonged to Coleman.
Turak questioned Ohio County sheriff’s Deputy Brenda Best, who at the time of the shooting was a civilian intake coordinator for the Wheeling Police Department, about Banks, the second victim. She said Banks entered the police department not long after the dispatch call which led to the discovery of Coleman, and said he had a gunshot wound to his right leg.
Banks had fled from the American Legion, according to Best. She said he was slouched over.
“He did not want to say too much, but he did want help,” Best said.
Wheeling police Sgt. Ken Prager assisted Best with Banks. He said Banks was nervous, and told Prager, “They’re gonna kill me.”
During cross-examination by Sheehan, Prager testified Banks offered multiple versions of the events of that night to investigators.
Eugene Bernie, a volunteer manager of the American Legion, testified to discuss the surveillance camera arrangement at the club. He said the American Legion is covered by 16 cameras, with five outside. He said practically every interior angle is under watch, excluding the restrooms.
Acoff’s trial will resume at 8:30 a.m. today at the City-County Building, 1500 Chapline St.
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