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Jury hears about aftermath of 2021 shooting in Martins Ferry

MARTINS FERRY - Jurors heard testimony Thursday about the aftermath of a shooting that occurred May 31, 2021, at a Washington Street property in Martins Ferry.

A key element of the case is whether Tim Bradley was acting in self-defense when he allegedly fired six shots at Zach Burch after Burch entered the Washington Street property owned by Bradley. Three of the shots reportedly struck Burch and three struck a home across the street.

Investigators believe the incident began when Bradley terminated the employment of Burch because he apparently was dissatisfied with the work Burch had done on his property. Burch reportedly went to the property to collect his tools and to ask for money he said he was owed for the work.

Bradley allegedly opened fire after Burch had taken one set of tools from the house to his vehicle and was returning for the second set.

Bradley, 50, of 1020 N. Eighth St., Martins Ferry, is accused of felonious assault and two counts of shooting into a habitation.

The prosecution and defense both presented their theories of how the situation unfolded during opening statements Wednesday. Belmont County Prosecutor Kevin Flanagan characterized the case as an "ambush," saying it was customary for both men to go armed and that Bradley gave no warning before opening fire. Flanagan also asserted that Bradley's statements to police do not match security footage from the house across the street.

Defense attorney Aaron Brockler argued that Burch was making threatening statements toward Bradley and had made a movement in which he appeared to be drawing a gun.

The jury heard testimony Thursday from Lauren Dudas, the trauma surgeon at the WVU Medicine J.W. Ruby Memorial Hospital in Morgantown, West Virginia, where Burch was treated for his injuries. She testified via video about the serious state of his vital signs and the aid she rendered.

She told jurors that fentanyl was found in Burch's system, but she noted that fentanyl was administered by medical personnel for his chest-tube placement an hour prior to collection of a urine sample. She testified that Burch showed no indication of cocaine or methamphetamine use. Dudas said Burch tested positive for cannabinoids, found in cannabis and marijuana products, but it could not be determined if these were active or inactive.

During cross-examination by Brockler, Dudas said medical personnel could not determine if the fentanyl came from any particular source at any particular time.

"So that fentanyl could have been in his system before he even came into your care?" Brockler asked.

Dudas said this was possible.

In answer to further questions from Brockler, Dudas said active cannabinoids could indicate Burch was intoxicated. She also said the drug screening that was performed was for the purpose of treating Burch, not for forensic reasons.

Flanagan asked if an opioid such as fentanyl would have made someone "anxious" or "hyper." Duda said different people can react differently to opioids.

The jury also heard testimony Thursday from Jesse House, the owner of the residence across the street from the alleged shooting site who provided the security footage from her property. She described being awakened by the sound of gunshots. She said she opened her window and saw Burch running from Bradley's house. She said she checked her son, who shared her house, got her own firearm and went out her door. She said she saw Bradley with a gun in hand. She raised her hands and said she remembers Bradley saying, "He threatened."

House, who is a nurse, then rendered aid to Burch.

House said she later learned that her house had been struck by the gunfire and two bullets were found inside.

Brockler referred to House's statement taken by law enforcement at the time. It states Bradley said: "He threatened to burn my house down." House said she now only remembers Bradley saying: "He threatened."

Flanagan pointed out that Bradley allegedly said Burch would burn his house down, not that Burch would shoot him. He noted the statement was made shortly after the incident, and he asked if House would have mentioned seeing a gun in Burch's hand as he ran away from Bradley's house.

"I didn't know if he had anything in his hand," House said.

"Did you see anything in his hand?" Flanagan said. "If you did see anything in his hand, would you have put it on the statement?"

"Yes, but I didn't even see his hands," House said.

After all evidence in the case has been presented, Belmont County Common Pleas Judge Chris Berhalter will decide if the jury is to consider this a self-defense case and will instruct the jury on the criteria with which to evaluate the evidence.