Monday, August 03, 2020 Elyria 69°

Cops and Courts

Prosecution, defense try to make case about murder suspect's location

  • 23481642

    Abline Cannon appears in Lorain County Common Pleas Court on Tuesday.



ELYRIA — While the state and defense agree that Abline Cannon was at the apartment of David Barreiro the night of Barreiro was shot and killed, they cannot agree on where Cannon was when the shooting took place.

The defense claims Cannon, 38, of Cleveland, was in the Lorain apartment’s living room and was hit by a bullet in the arm during the shootout that ensued during a home invasion. Prosecutors, though, say Cannon was in the hallway by Barreiro’s bedroom as an active participant in the shootout when he was shot.

The two sides argued their theories during the cross-examination and redirect of the testimony of Lorain police Detective Christopher Kovach during the third day of the jury trial of Cannon before Judge Chris Cook.

Testimony in the case has shown that 11 bullet casings were found in the apartment after the shootout. Three Winchester casings were found in the bedroom near the body of 23-year-old Barreiro, seven Hornady casings were found in other parts of the apartment and a single Federal casing was found in the living room.

Testimony has further said it is believed three guns were used during the shootout but only one was recovered from the scene, which was in the bedroom where Barreiro was found.

Investigators have found bullet fragments from eight of the shots fired, but there are three that are unaccounted for.

Defense attorney James Burge questioned Kovach on whether one of those unaccounted-for fragments could be the one still lodged in Cannon’s arm.

Burge also pointed out that there is no blood evidence in the hallway near Barreiro’s bedroom despite the fact medical personnel have said Cannon suffered an arterial bleed from the gunshot wound, which spurted blood every time his heart beat. The only blood evidence found inside Barreiro’s apartment, besides that found near Barreiro in the bedroom, was blood on the wall in the living room near the entrance to the apartment.

Outside the apartment, in the hallway and landing leading out of the building, investigators found multiple blood smears that could have been made from blood spurts from an arterial wound, testimony has said.

Burge argued that if Cannon had been in the hallway near the bedroom when he was hit, there would have been blood evidence there.

Assistant County Prosecutor Laura Dezort, though, argued that Barreiro’s apartment was small, and Kovach testified that it would only take three or four steps to get from the hallway near Barreiro’s bedroom to the spot where blood evidence was found inside the apartment.

Kovach also testified that while only eight bullets were found to the corresponding 11 casings, police believe two of them are lodged in the studs in the walls of the apartment after following the trajectory of the shots during the investigation.

Dezort said bullet fragments from just two of the shots fired by Barreiro have been recovered. For the third, there are no corresponding holes in the walls, doors or furniture. The state believes that bullet is the one in Cannon’s arm and was the result of a face-to-face shot fired by Barreiro.

Police said officers were sent to Barriero’s apartment after they received a call reporting loud banging and gunshots Dec. 10, 2016. 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 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 set to resume this morning.

Contact Scott Mahoney at (440) 329-7146 or Follow him on Twitter @SMahoneyCT.

Click to view comments
To Top

Fetching stories…