LISBON — The murder case against Daniel Clayton Whitley for allegedly shooting James Powell to death on May 15 in East Liverpool is going to the Columbiana County Grand Jury.

Whitley, 33, Wilbert Avenue, East Liverpool, appeared with his defense attorney, Thomas Will, for a preliminary hearing Thursday in Columbiana County Municipal Court which included testimony about his toxic relationship with the victim, about video evidence of him saying the victim’s girlfriend, who had children with Whitley, was going to watch the victim die and about gun and bullet evidence.

After hearing testimony from two different East Liverpool police officers, Judge Tim McNicol ruled there was probable cause to bind the case over to the grand jury.

Whitley is charged with one count of murder, an unclassified felony, and remains in the county jail under a $1 million cash or surety bond. According to county Chief Assistant Prosecutor Ryan Weikart, the charge carries a possible penalty of 15 years to life in prison. Whitley was found hiding under the porch of a residence the night of the shooting and taken into custody. Weikart also mentioned that the East Liverpool school property had to be evacuated due to the proximity of the incident to the school.

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.”

County Assistant Prosecutor Jennifer Bonish presented Price and East Liverpool Patrolman George Anderson as witnesses during the preliminary hearing. Anderson was first on the scene after being called at 6:25 p.m. May 15 for a shooting and found the victim later identified as Powell unresponsive with no signs of life. After the victim was taken away by EMS, Anderson said he started gathering statements, with multiple witnesses to the shooting. He said he made contact with a woman who was picking up items he identified as groceries from the ground. He said she was frantic and said “my baby daddy did this.”

Price testified that the woman in question was dating Powell at the time and had children with Whitley. He said the relationship between Powell and Whitley was “very toxic.”

“I learned through the course of my investigation that Daniel Whitley was not fond of James,” Price said.

A .22-caliber shell casing was found at the scene of the shooting and a block of .22-caliber shells of unfired ammunition was found at Whitley’s residence after a roommate let police inside. Some of the spaces were empty. Price also then talked about finding a .22-caliber handgun in the back of a pickup on Chester Avenue in a bunch of rubble.

“Does that match the caliber of casing at the scene?” Bonish asked.

“Yes it does,” price said.

Whitley was later found under a porch at a residence with a shirt wrapped around his head and was taken into custody. When asked if police had any other suspects other than Whitley, Price said no.

He also talked about a dark-colored SUV witnesses saw leaving the scene and it was found, registered to Whitley.

During questioning by Will, Price admitted there was no testing of Whitley for gunshot residue, but there was a search warrant issued for DNA and for his phone, with information retrieved from the phone.

Powell was 58 years old at the time of his death, found with one gunshot wound to the chest. The gun found was reportedly loaded with one round in the chamber and Price thought four rounds were in the magazine.

mgreier@mojonews.com