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Apartment shooting trial starts

By Guy Vogrin 4 min read
Staff photos / R. Michael Semple Defense attorney Walter Madison holds a plastic bag containing evidence found at the scene of the July 6, 2020, shooting at a Hadley Avenue apartment complex.

WARREN -- The victim of a July 6, 2020, shooting outside a Liberty apartment complex testified Monday his assailant may have been upset over an earlier political disagreement.

The testimony of victim Kavin O. Moore, 33, highlighted prosecution testimony against Daryl L. Casey, 27, of Liberty, who is facing charges of felonious assault, improperly discharging a firearm into a habitation and having weapons while under restrictions.

The trial continues today with testimony expected from a Liberty police detective in the Trumbull County Common Pleas Courtroom of Judge Ronald J. Rice.

Both Moore and Casey at the time lived in neighboring apartments in the 3000 block of Hadley Avenue.

Moore said his neighbor was silent as he came into his second-floor Hadley Avenue apartment unannounced about 1 a.m. July 6.

"He (Casey) didn't say a word," Moore told defense attorney Walter T. Madison during cross-examination. "He was quiet until he started shooting."

Moore said he stopped Casey, who had come through his open apartment door. He said he put on his shoes and headed outside.

"I stopped him because I felt uncomfortable. I didn't know what was going to go down outside, but I was not having him come to my house unannounced," Moore told Assistant Prosecutor Michael Burnett during direct questioning.

Moore said Casey was "clearly away from me" when they went outside the front door of the complex.

"My back was against the door and he was at least 10 feet away on the blacktop past the sidewalk," he testified. "I said, 'What's up, bro,' and that's when the shots went off."

Moore testified he opened the door as more shots went by him, striking the door of a downstairs apartment and a wall leading to the utility room. The victim showed the jury his wounds to his upper thigh and leg. He said two shots "went in and out" of him.

After the shooting, Moore said he went back into his apartment to be treated by his girlfriend, Matia Wright, who also testified.

Moore remembers going live on social media for a short time after the shooting "to let my people know what happened." Moore said he has many out-of-town relatives.

Liberty patrolman Brian Delia earlier testified that he remembers Moore being on social media as he and his partner attended to the victim's wounds. Delia said his partner applied a tourniquet to Moore's left upper hip to try to stop the bleeding as an ambulance from Vienna Township had to be called. The Liberty ambulance was answering another call at the time.

Delia said his search of the outside of the complex found six spent shell casings in a rock garden near the sidewalk and a projectile was found inside the apartment complex's front door. He also found bullet holes in a downstairs door and wall.

Burnett said Casey is accused of using a .40 caliber weapon and fleeing the scene. He turned himself into police about 18 hours later.

Moore said he thinks Casey may have been upset about his thoughts about a presidential candidate, as the two had the previous day talked politics at a gathering outside the apartment complex.

"I had questioned why would someone vote for Kanye West, and I think maybe he didn't like that," Moore said.

In his opening statement, Madison said his client, because of being 5-feet-4-inches tall and weighing 89 pounds, was afraid of the physically stronger neighbor, whom Madison said had gang ties.

"He did have a gun, he was afraid and he defended himself," Madison told the jury.

During cross examination, Madison questioned Moore about his social media profile picture that showed him wearing a red bandanna, the color of the "Bloods" gang. Burnett later noted, however, that Delia testified Moore was wearing blue shorts at the time of the shooting.

"That would be a mortal sin (to wear something blue) for that kind of gang member," Burnett said.

Court officials don't expect the trial to last more than two days as detective Rob Altier will be the final prosecution witness today.

During the COVID-19 pandemic, jurors in Rice's courtroom must wear face masks and are socially distanced inside the smaller third-floor courtroom. The jury box and the witness stand have been partitioned off with a clear glass-like window, and seating is limited for the public and media. Any overflow spectators must watch the proceedings via video hookup in the nearby magistrate's room.

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