Man shot during drug deal; lawyer claims self defense

July 7, 2015 at 12:00a.m.

YOUNGSTOWN

A detective testified Monday during a preliminary hearing for a man charged with attempted murder that the defendant knew a drug deal was taking place and agreed to act as “backup.”

The man’s attorney claimed the shooting for which his client is charged was self-defense.

Judge Robert Milich bound over a charge of attempted murder to a Mahoning County grand jury against Robert Sutherland, 42, after the hearing in municipal court. Sutherland is charged with the wounding of Eric VanCobb, 35, outside a home in the 900 block of West Indianola Avenue late June 2.

VanCobb is paralyzed as a result of the shooting. One of the bullets severed his spine, said Detective Sgt. Mike Lambert of the city police department.

Lambert said VanCobb’s girlfriend first told police her boyfriend was shot on Judson Avenue, but she changed her story and said it was on West Indianola after police told her they had no gunshot sensor or 911 calls showing gunfire in the area, but did have calls about West Indianola Avenue.

Lambert testified the girlfriend told him that VanCobb was there to do a drug deal, ran inside the house, then ran out screaming “go, go, go, go.” As they drove away several shots were fired and Van Cobb was hit in the back and arm.

Lambert testified that from interviews with witnesses in the house he learned that Sutherland had shot VanCobb.

During a videotaped interview that was played in the court, Sutherland admitted firing a weapon because he thought VanCobb was trying to rob him while he was outside.

But also during the interview Lambert said Sutherland told him another person in the house had asked him to “watch his back” because that person was participating in a drug deal with VanCobb, Lambert testified.

“Sutherland knew at that point there was a narcotics deal being transacted,” Lambert testified.

Lambert testified that police recovered the drugs being sold, 4 ounces of marijuana with a street value of $4,800.

Defense counsel Dennis DiMartino asked Lambert if his client admitted firing a gun in self defense, and Lambert said Sutherland did say that – because Sutherland was afraid of being robbed.

Also under cross examination, Lambert said he did receive a statement from VanCobb. Lambert said VanCobb told police the situation did not feel right to him because the people he was supposed to sell marijuana to did not have any money, and he decided to leave.

Lambert said that there is no evidence that VanCobb exchanged gunfire with the person who shot him.

Sutherland has been free since he posted $100,000 bond after his arraignment.