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East Liverpool man charged with murder in Thursday night shooting

LISBON — A man suspected in a shooting and found hiding under a porch Thursday night in East Liverpool is now charged with murder for allegedly causing the death of James Powell.

Daniel Clayton Whitley, 33, Wilbert Avenue, East Liverpool, appeared via video Friday morning in Columbiana County Municipal Court for arraignment on the unclassifed felony charge, with a preliminary hearing set for 1 p.m. May 22 before Judge Tim McNicol.

His bond was set at $1 million cash or surety.

An affidavit filed by Detective Jon Price of the East Liverpool Police Department in county Municipal Court said police responded to the area of Montrose and Eutaw regarding shots fired and learned that Whitley “did cause the death of victim James Powell by committing an offense of violence,” saying that Whitley “did purposely shoot victim James Powell with a firearm causing his death.”

According to county Chief Assistant Prosecutor Ryan Weikart, the murder charge carries a possible penalty of 15 years to life in prison.

Weikart said the victim, who was identified in the affidavit, and the defendant knew each other. He said the high bond was requested due to the nature of the charge and the belief that he was a flight risk.

“Investigators relayed to me that he was hiding under a porch from police,” he said.

Weikart also mentioned the fact that East Liverpool school property had to be evacuated due to the proximity of the incident to the school.

“I believe they had some eyewitnesses and they were able to place him at the scene,” he said, using the witnesses and video.

In previous published reports, East Liverpool Police Chief John Lane characterized the incident as a lover’s triangle situation, with Whitley allegedly the ex-boyfriend of the victim’s girlfriend.

Police were called at 6:25 p.m. Thursday for a shooting at the Woodland Hills apartments at Eutaw and Montrose streets, with Lane reporting officers found one victim with a gunshot wound to the chest. 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. Thursday.

The East Liverpool, Liverpool Township and St. Clair Township police departments along with the Columbiana County prosecutor were involved in the manhunt for Whitley following the shooting and the investigation. The FBI also offered their assistance.

Lane said he believes the Columbiana County coroner went to the hospital and that is where he believes Powell was pronounced dead. Lane said Powell was unresponsive at the scene.

Liverpool Township police assisted with the house-to-house search and St. Clair Township police helped with a K-9 during the search for the gun.

Lane said the gun has not yet been recovered.

“We don’t want some kid to find it,” Lane said. “We have searched everywhere.”

Lane noted he even had someone out with a metal detector searching through thick brush.

The vehicle Whitley fled in has been recovered.

While investigating the shooting, several officers were called away to respond to a fight between approximately 25 juveniles. That call came in as a gun call, so officers initially weren’t sure if it was the same person involved. A gun was not seen in that incident.

Lane noted that handling those two incidents left the department divided, with officers spread all over the place.

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