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Defense to argue for a new trial
The prosecutor said the car had been searched on the night of the murder.
LISBON — The mother of the girlfriend of murder victim Jamie Farley threw a white “dollar store” type bag into Highlandtown Lake several days after his death.
Lawyers for Eric M. Dillard, 31, Commerce Street, Wellsville, said that’s one reason to give Dillard a new trial.
Dillard was to be sentenced at 10 a.m. June 29 for his conviction on a murder charge in Farley’s shooting.
Instead, his lawyers will be arguing for a new trial.
Dillard shot Farley twice with a .40-caliber pistol about 10 p.m. April 22, 2008 at Dillard’s Wellsville home. Dillard was not legally allowed to have a gun because of a prior felony drug conviction.
The two men were partners in a clothing business but Farley, 35, was concerned over the poor financial return.
Dillard had demonstrated during the trial that Farley was crouched over with his right arm hidden from sight. He testified his gun went off twice.
Farley fled to the Cavalier driven by his girlfriend, Shirley Hackney, Also in the car was Hackney’s mother, Andrea; Hackney’s 9-year-old son, Caleb Hackney; and Andee, Hackney’s 15-month old daughter.
Shirley Hackney tried to drive away, but Farley had not closed the front passenger door. He fell out of the car and onto the street. He told authorities at the scene who shot him before he was taken to East Liverpool City Hospital, where he died.
Police searched the area and storm drains, but no weapon beside Dillard’s was found.
David R. Crowe Jr., said in an affidavit filed in Columbiana County Common Pleas Court that he has known Shirley and Andrea Hackney all his life.
Crowe’s statement said that the way Andrea Hackney was carrying the bag, it “had some weight to it.” The motion said that Crowe “finds it reasonable that the bag contained a firearm or some similar type of item.”
County Prosecutor Robert Herron said that the Cavalier was searched by authorities and no weapon was found.
The defense has a statement from a woman who said Andrea Hackman had a blue diaper bag after the shooting. The defense also has an anonymous letter mailed from Youngstown that said “Farley’s gun was in the diaper bag.”
Herron said that anonymous evidence is not admissible in court.
The defense contends that the prosecutor’s office staff was guilty of misconduct and Judge C. Ashley Pike bowed to public criticism and became complicit with the prosecutor’s office misconduct in not releasing information on time that would have helped Dillard’s case.
wilkinson@vindy.com