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Convicted Murderer Dallas Acoff’s Next Trial Considered

By JANET METZNER

Staff Writer

WHEELING — Convicted murderer Dallas Michael ‘Dal’ Acoff’s defense attorney asked for a 45-day continuance in his client’s possession of a firearm by a convicted felon trial, set to begin Dec. 21.

Martin Sheehan said during Acoff’s pretrial hearing Thursday morning in Ohio County Circuit Court that he needs the extra time to secure a witness.

Assistant Prosecutor Shawn Turak said she disagrees with making changes to the schedule, which also includes another trial for Acoff on a recidivism information. That one is set to begin Jan. 5.

“We’re ready to go on the recidivist. I’ve been updating discovery continuously. We have a conviction, we have witnesses, we have federal court permission … we are ready to go,” she said.

On Sept. 30, a jury convicted Acoff, 27, of second-degree murder for the death of Lemroy Coleman, who Acoff shot during a gunfight outside the American Legion Post No. 89 bar in East Wheeling.

Judge David Sims said he will consider on Dec. 16, during Acoff’s pre-trial hearing on the recidivism, a written motion to be submitted by Sheehan that requests a continuance on the felony trial. He’ll also decide whether any continuance would mean the recidivism trial schedule should change, too.

During the murder trial, the jury convicted Acoff of murder, as well as four other felony charges. As a result, he faces 10-40 years in prison for killing Coleman, 33, of Wheeling; up to five years for malicious assault for shooting Norman Banks in the leg, and up to five years each for three counts of felony wanton endangerment, Turak has said.

Depending on the outcome of the recidivism trial, Acoff’s second-degree murder sentence could amount to life in prison, Sims said.

Regarding the felon in possession of a firearm charge discussed Thursday, that was among the six charges in Acoff’s indictments in May, and was the only charge excluded from his murder trial.

That’s because prior convictions are not to be considered in deciding a defendant’s guilt, but can come into play for sentencing: the phase Acoff’s murder trial is approaching.

Turak is tasked with proving that Acoff has two prior felony convictions: conspiracy to distribute cocaine base, a federal conviction from Aug. 24, 2011; and escaping from custody, also a federal offense, from April 7, 2014.

If convicted, Acoff faces up to five years in prison.

On Thursday, Sheehan informed the court that Acoff does not stipulate, or admit, to the alleged, prior convictions.

That means evidence of those convictions will be admitted during the trial.

During that trial, the state plans to use a still photograph from video surveillance outside the bar. That photo allegedly shows Acoff holding a gun in his hand; some video footage from surveillance cameras; Acoff’s testimony from the murder trial, 4-5 witnesses, and an expert to identify a firearm, Turak said Thursday, in order to show that Acoff was in possession of a gun.

The defense and state worked out what evidence to exclude, as well. For example, Turak said she won’t use evidence of Acoff’s allegedly being in possession of a gun when he was arrested in Cleveland on the shootout charges, nor any activity reported in Lane E, where Coleman was found, shot.

Turak said there is a plea offer made by the state to Acoff.

In response, Sims addressed the defendant. “Mr. Acoff,” he said. “This train is moving down the tracks. You’re looking at a lot of years — you’re looking at maybe spending the rest of your life in prison. And I don’t mean life with parole in 15 years. I mean the rest of our life. Someone is throwing you a lifeline. You might want to think about it.”

Sims also denied a particular aspect of Sheehan’s plan of defense — a form that Sheehan said is like self defense, but that doesn’t have precedent in West Virginia. Sims told Sheehan to “writ him,” if he plans to use it.

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