ELYRIA — The mother and twin brother of David Barreiro were arrested Tuesday and were being held in contempt of court after trying to attack the man on trial for Barreiro’s murder near the end of the second day of testimony.
Abline Cannon, 38, of Cleveland, is accused of murdering David Barreiro during a home invasion in Lorain. David Barreiro was found by police in the apartment with four gunshot wounds that they have said resulted from a shootout that took place in the Shore Avenue apartment early in the morning of Dec. 10, 2016.
On Tuesday, shortly after county Common Pleas Judge Chris Cook had dismissed the jury for the evening, Daniel Barreiro jumped over the railing separating courtroom spectators from the jury and attorneys and tried to attack Cannon. A Lorain County Sheriff’s deputy tackled Daniel Barreiro and was assisted by Lorain police detectives who also were in the courtroom for the trial.
At that point, Sesa Barreiro tried to climb over the railing, too. She was restrained by members of the County Prosecutor’s Office and Cook’s bailiff, Michelle Pena.
Additional deputies arrived in the courtroom to help, and Cook ordered Sesa and Daniel Barreiro arrested and taken to Lorain County Jail on contempt of court charges.
Cook cleared the courtroom and then addressed counsel.
“The court had noted (Daniel Barreiro) agitation during the trial and had the bailiff discuss with him whether he was all right and was going to be able to maintain his composure, and he indicated he was fine,” Cook said. “A few minutes later, he attempted to go over the rail. He was taken into custody and stopped by deputies. While he was being detained and ultimately arrested, another individual (Sesa Barreiro) attempted to assault the defendant and come over the rail.
“I’m going to hold those two individuals in contempt without bond. They will not be released from Lorain County Jail pending further order from this court, which will at least be the duration of this trial.”
Assistant Prosecutor Laura Dezort said Cannon had been staring down Daniel Barreiro the entire day during the trial. She said that after order had been restored to the courtroom, Cannon began staring her down as well.
“This is a family that has suffered. This is a family that is upset. His twin brother was taken away from him,” Dezort said. “He was very emotional, and the fact the defendant is staring him down and challenging him, I think there’s some understanding that can take us to why he became agitated and upset.”
Dezort said that Sesa Barreiro already lost one son and, when she saw deputies restraining Daniel Barreiro, she lost her composure and tried to help her son. Dezort also asked Cook to reconsider barring the two from the courtroom for the duration of the trial.
“I don’t deny or reject your premise that the family members of the victim suffered a terrible loss and are extremely upset. That happens every day in this courthouse,” Cook said. “You have tried capital murder cases and many murder cases, and the victim’s families remain composed — distraught, upset, but remain composed — and do not attempt to physically attack parties in my courtroom and disrupt these proceedings. Despite how upset she may be or the son was, despite what rights they have in Marsy’s Law, they’re not coming into this courtroom while this goes on. I’m not going to tolerate it in my court.”
Later in the day, Cook clarified the sentences given to Sesa Barreiro and Daniel Barreiro: Sesa Barreiro received 15 days jail time, and Daniel Barreiro received 30 days.
Cook also admonished Cannon for staring down the family, though Cook said he didn’t personally witness it.
Earlier in the day, Daniel Barreiro testified that he was in his brother’s apartment when two men kicked the door in, pistol whipped him and got into a shootout with David Barreiro. Daniel Barreiro said he knew his twin brother sold heroin, but it was a part of his life that David Barreiro kept from him.
The prosecutors played a 911 call made by Daniel Barreiro reporting his brother had been shot. Daniel Barreiro would not allow the recording to be played until his mother left the courtroom, though.
Several police officers and detectives from the Lorain Police Department also testified during the day Tuesday.
Police said officers were sent to Daniel Barriero’s apartment after they received a call reporting loud banging and gunshots Dec. 10, 2016. David Barriero was found dead inside the apartment.
Police said Cannon went to University Hospitals Elyria Medical Center with a gunshot in his right arm that detectives suspect came during the encounter with David Barriero. He later was taken to MetroHealth Medical Center in Cleveland.
Cannon walked away from the hospital against medical advice and was sought by police for nearly a month before he was found hiding under a pile of clothes in a Kent apartment, police said.
Testimony in the trial is scheduled to resume this morning, and Cook said there will be extra security in the courtroom following Tuesday’s incident.
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