New trial date set in shooting death
LISBON — A new trial date was set for 9 a.m. Feb. 17 for Daniel C. Whitley, the man accused of shooting James Powell to death on May 15 in East Liverpool.
Whitley, 33, Wilbert Avenue, East Liverpool, appeared in the custody of Columbiana County sheriff deputies, accompanied by his hired defense attorney, Thomas Will during a status conference Monday. 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 the new date for the jury trial and a time of 11 a.m. Feb. 9 for the final status hearing. The trial had originally been set for 9 a.m. Oct. 14.
County Assistant Prosecutor Steve Yacovone said there’s a lot of discovery and Will had indicated a need for more time and he had no problem with a joint motion for a continuance, which Bickerton granted.
Whitley signed a waiver of time for his right to a speedy trial. He remains jailed under a $1 million cash or surety bond.
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 Municipal 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.
mgreier@mojonews.com