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Man accused in East Liverpool shooting death pleads not guilty at arraignment

Daniel Whitley enters the courtroom of Columbiana County Common Pleas Court Judge Megan Bickerton for arraignment Monday for aggravated murder in the May 15 shooting death of James Powell. (Photo by Mary Ann Greier)

LISBON — The man accused of shooting James Powell to death on May 15 in East Liverpool entered a not guilty plea during his arraignment Monday for aggravated murder and other charges.

Daniel Whitley, 33, Wilbert Avenue, East Liverpool, appeared in the custody of Columbiana County sheriff deputies, accompanied by his hired defense attorney, Thomas Will. He’s charged with aggravated murder, murder, two firearm specifications and tampering with evidence.

During the brief hearing, Columbiana County Common Pleas Court Judge Megan Bickerton announced that dates were set for the case, with a final status conference scheduled for 11 a.m. Sept. 22 and a jury trial set for 9 a.m. Oct. 14.

Both county Assistant Prosecutor Steve Yacovone and Will asked that the $1 million cash or surety bond be continued. Will also said there was an agreement for a time waiver, saying the defense was satisfied with extending the time to take the case to trial. Yacovone said he’ll be getting discovery to the defense this week. Discovery entails providing the defense with the evidence.

Whitley’s case began in county Municipal Court with a single count of murder, then was bound over to the grand jury, which issued the additional charges. During a preliminary hearing in county Muncipal Court, testimony from two East Liverpool police officers detailed Whitley’s alleged toxic relationship with the victim, about video evidence of him allegedly saying the victim’s girlfriend, who had children with Whitley, was going to watch the victim die and about gun and bullet evidence.

The charges of aggravated murder and murder are both unclassified felonies, with the aggravated murder carrying a possible maximum sentence of life in prison without the possibility of parole. Each of the firearm specifications carry mandatory three-year prison terms. The tampering with evidence charge is a third-degree felony which carries a possible sentence of up to 36 months in prison.

Whitley was taken into custody the night of the shooting after being found hiding under the porch of a residence.

According to the indictment, Whitley on May 15, 2025 “did purposely, and with prior calculation and design, cause the death of James E. Powell” and also used a firearm to facilitate the offense.

Powell was 58 years old at the time of his death, found with one gunshot wound to the chest after police were called at 6:25 p.m. May 15 for a shooting at the Woodland Hills apartments at Eutaw and Montrose streets. The suspect had allegedly fled in a vehicle and as officers were trying to locate the suspect, they received a tip that he was behind a house on Avondale Street. He was located hiding under a porch and taken into custody without incident at 9:48 p.m. May 15.

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