Opening statements begin in South Side shooting trial

October 21, 2015 at 12:00a.m.

YOUNGSTOWN

Defense attorneys often talk about “spelling things out” for jurors, but Dennis DiMartino did that literally in opening statements Tuesday in a felonious-assault trial in Mahoning County Common Pleas Court.

DiMartino, who is representing Robert Sutherland, 42, of Helena Avenue, said the main witnesses against his client lied repeatedly throughout the case, especially when they were offered plea bargains in exchange for their testimony.

“Those witnesses are liars. L-I-A-R-S,” DiMartino said, spelling the word out for jurors for emphasis. “It’s a bold word. It’s a big accusation. But we can prove it. We will prove it. They’ll admit that they lied. They’ll lie about lying.”

Sutherland is accused of shooting and wounding Eric VanCobb, 35, when VanCobb was at a home in the 900 block of West Indianola Avenue late June 2 to buy marijuana. Police said Sutherland shot VanCobb after VanCobb took some marijuana and was running away. He was shot twice and can no longer walk because of his wounds.

A jury was seated before Judge Shirley J. Christian on Monday, and it began hearing testimony Tuesday. Sutherland faces charges of felonious assault and aggravated assault with firearm specifications.

Assistant Prosecutor Kevin Trapp told jurors that VanCobb grabbed for the marijuana that he was going to buy and began running. Trapp said Sutherland then ran after him and shot him. Trapp said there was no reason for Sutherland to shoot VanCobb because VanCobb was not armed and did not pose a threat to him.

“There was no legitimate reason to have this inflicted on him,” Trapp said.

DiMartino told jurors that VanCobb did not grab at the marijuana, but he took it, and he did not run away so much as back away with a hand down at his side as if he had a gun, and Sutherland followed him. He said Sutherland did not fire until VanCobb raised his arm as if he were going to shoot a gun and Sutherland shot him. Police never found another gun.

Trapp said two people who lived in the house and a co-defendant and his girlfriend who were there and witnessed the incident will testify. Trapp acknowledged that the co-defendant and his girlfriend had lied initially, but that was because they are close to Sutherland and they wanted to protect him, but in the end they told the truth.

But DiMartino said they all had reason to lie, and jurors should not believe their testimony.

“It’s important, because the state is relying on the testimony of these witnesses,” DiMartino said.