Attorneys argue responsibility as Stafford brothers go on trial in Ethan Liming’s death
They went too far.
That’s the message a Summit County prosecutor gave during her opening statement in DeShawn and Tyler Stafford’s joint trial Friday in Summit County Common Pleas Court.
After Ethan Liming and his friends fired gel pellet guns at the Stafford brothers while they were playing basketball last June, Liming and the Staffords fought. In the end, the 17-year-old Liming was fatally injured.
attorney Jon Sinn arrives for trial with client DeShawn Stafford on Friday in Akron. Brothers DeShawn and Tyler Stafford are on trial for the June 2022 death of Firestone student Ethan Liming.” src=”https://s.yimg.com/ny/api/res/1.2/vmQr0fXZsMyKhHXuWv_V0Q–/YXBwaWQ9aGlnaGxhbmRlcjt3PTk2MDtoPTkzMw–/https://media.zenfs.com/en/akron-beacon-journal/0f4bddc309a557165c7d9366d90ad292″/>
Defense attorney Jon Sinn arrives for trial with client DeShawn Stafford on Friday in Akron. Brothers DeShawn and Tyler Stafford are on trial for the June 2022 death of Firestone student Ethan Liming.
“We are responsible for our actions,” Assistant Summit County Prosecutor Jennie Shuki said. “Whether we’re in a fight — even if we were provoked — we’re still responsible for the outcome. We are still responsible if a punch leads to death.”
attorney Jon Sinn, though, who is representing DeShawn, said the brothers were defending themselves and each other after being shot at by what they initially thought were real guns.
“The law says you can stand your ground in a fight,” Sinn said. “You don’t have to run away if someone is attacking. You can use reasonable force.”
More: ‘Difficult case for everyone’: What we know about DeShawn and Tyler Stafford’s trial
This trial, which is expected to last a week, is one of the most anticipated in Summit County in a long time, with many people having strong opinions about what charges were filed or should have been filed, other people who should have been arrested, and whether race has been a factor in the case. Liming’s family and police insist race hasn’t played a role.
attorney Donald Gallick talks Friday with client Tyler Stafford in Akron. Tyler and his brother, DeShawn Stafford, are on trial for the June 2022 death of Firestone student Ethan Liming.” src=”https://s.yimg.com/ny/api/res/1.2/_52CQIXgPsxGk1jkrYDYWg–/YXBwaWQ9aGlnaGxhbmRlcjt3PTk2MDtoPTcyMg–/https://media.zenfs.com/en/akron-beacon-journal/a9e6b353f406731bb7acbe42cc721624″/>
Defense attorney Donald Gallick talks Friday with client Tyler Stafford in Akron. Tyler and his brother, DeShawn Stafford, are on trial for the June 2022 death of Firestone student Ethan Liming.
The most serious charge that DeShawn Stafford, 21, of Akron, and Tyler Stafford, 20, of Cleveland, face is involuntary manslaughter.
Donovon Jones, the Staffords’ cousin, previously was convicted of two misdemeanor counts of assault.
Jurors visit school parking lot before trial starts
The Staffords’ trial in Judge Tammy O’Brien’s courtroom began with jury selection Wednesday. After a daylong break, jurors were taken Friday morning to the I Promise School at 400 W. Market St. in Akron, where Liming was found dead.
Court officials showed the jurors the basketball court, the parking lot of the school and the parking lot of the McDonald’s restaurant next to the school. The school was in session Friday, with court staff working out with school officials the best time for the jury visit.
attorney Jon Sinn, left, Assistant Summit County Prosecutor Jennie Shuki, and Judge Tammy O’Brien examine the parking lot next to the basketball courts at the I Promise School on Friday in Akron.” src=”https://s.yimg.com/ny/api/res/1.2/mnrWBb90HQ0H5hDXDnkGug–/YXBwaWQ9aGlnaGxhbmRlcjt3PTk2MDtoPTc0MQ–/https://media.zenfs.com/en/akron-beacon-journal/23225ba370b6dfc5bffe7aebae5f4652″/>
Defense attorney Jon Sinn, left, Assistant Summit County Prosecutor Jennie Shuki, and Judge Tammy O’Brien examine the parking lot next to the basketball courts at the I Promise School on Friday in Akron.
After this, jurors returned to the courthouse for opening statements and the start of testimony.
Family members and friends of both Liming and the Staffords attended the first day of the trial, with the small courtroom packed. Liming’s family members became emotional several times, especially when graphic photographs of him lying dead in the parking lot were shown.
Liming and his friends thought shooting gel guns would be funny, prosecutor says
Shuki said Liming, a rising senior at Firestone High School, and three of his friends went out on the night of June 2, 2022, which was the first night of summer break.
Shuki said Liming was driving and he and his friends smoked some marijuana. She said they had two Orbeez toy guns with them, which shoot gel pellets, and had the “dumb, teenage brain” idea to shoot the guns at random people like in a challenge on TikTok.
Ethan Liming, who was killed on the basketball court of the I Promise school in Akron, played baseball and football at Firestone High School.
“They thought it was funny,” she said. “They thought it was a joke.”
About 10:45 p.m., Shuki said, Liming drove to the I Promise School parking lot where there’s a basketball court that’s lit up at night. Two of his friends got out of the car, walked to the court and shot the guns through the chain-link fence surrounding the court at several teens playing basketball.
The basketball players — DeShawn, Tyler and Jones — initially ran.
DeShawn, Shuki said, approached Liming and Liming shot him with an Orbeez gun. The two of them started fighting, with Tyler and Jones joining in, making it three-on-one at one point.
At the end of the fight, Shuki said, DeShawn punched Liming while Liming was fighting with Tyler. Liming fell backward and hit his head on the pavement.
Shuki said DeShawn and Tyler punched and kicked Liming several times while he was on the ground.
Shuki said Liming’s friends ran from the scene. She said DeShawn, Tyler and Jones got in their car and left, leaving Liming alone, lying in the parking lot. She said neither of the Staffords called 911.
Shuki said the brothers didn’t knowingly try to kill Liming. But, she said, their actions led to his death.
“I submit — when you determine the force used against Ethan — look at whether that was proportionate to the threat,” she said. “While they did not want to cause his death, they did and they are responsible for their actions — for the outcome of the assault.”
attorney Jon Sinn gestures to the jury Friday during his opening statement in the joint trial of brothers DeShawn and Tyler Stafford for the June 2022 death of Ethan Liming.” src=”https://s.yimg.com/ny/api/res/1.2/RVGfweWXKf2D8yZSyaLLfQ–/YXBwaWQ9aGlnaGxhbmRlcjt3PTk2MDtoPTgxMA–/https://media.zenfs.com/en/akron-beacon-journal/69e49354149e326913df666a8a198ea4″/>
Defense attorney Jon Sinn gestures to the jury Friday during his opening statement in the joint trial of brothers DeShawn and Tyler Stafford for the June 2022 death of Ethan Liming.
DeShawn threw ‘unluckiest punch,’ attorney says
Sinn, though, said DeShawn and Tyler didn’t create this situation.
Sinn said the two brothers, who enjoyed playing basketball and often went to the I Promise School court, were shooting hoops when they were suddenly being shot at. He said they didn’t think this was funny.
Sinn said DeShawn, who was still holding a basketball, approached Liming and said, “What the f***? What’s wrong with you?” He said Liming got out of his car and shot DeShawn in the head several times with an Orbeez gun. He said the two fought and DeShawn was thrown to the ground at one point so hard that he vomited.
Sinn said DeShawn threw the “unluckiest punch in the history of the world” at Liming, with Liming falling backward and striking his head. He said the Staffords thought Liming had been knocked unconscious.
Sinn said the autopsy report showed Liming died from blunt force trauma to the head.
“It’s about a punch,” Sinn said. “Was the punch thrown in self-defense or was this a vicious attack on Ethan?”
attorney Donald Gallick, who represents Tyler, said getting hit with an Orbeez pellet feels like being struck with a rubber band. He said the guns shoot at a rapid pace, discharging seven Orbeez per second.
“They didn’t know it was a joke,” Gallick said of the Staffords.
Gallick said Liming’s autopsy showed he had a bad injury to the back of his head and also that he had injuries to his knuckles, which he said could be from the punches he threw.
Officers who found Liming are first to testify
Several officers who responded to a call about a fight with injuries at the I Promise School were the first to testify in the trial.
Officer Kyle Walter said he arrived expecting to find kids fighting. Instead, he saw an empty parking lot with Liming lying on the ground.
“He does not look good,” Walter said in a body-worn camera video played for the jury.
While paramedics tried to help Liming, Walter walked around to see if he could find anyone who saw what happened. He found no witnesses but did see an Orbeez gun laying on the ground. He said he recognized it because his kids asked for a similar one.
Walter said paramedics told him Liming was dead.
Sinn asked Walter if he was aware that law enforcement across the country have put out warnings about the dangers of the Orbeez challenge that involves shooting strangers with the guns.
Walter said he didn’t hear about that until after Liming’s death.
Sinn asked if it’s dangerous to do a fake drive-by shooting with an Orbeez gun.
Assistant Prosecutor Matt Kuhn objected and Sinn withdrew this question.
Kuhn asked Walter if he could tell the Orbeez gun found at the scene was a fake gun.
Walter said he could because of the colors — it was white with bright color accents.
Sinn, though, asked Walter if there’s an easy way to tell a gun is a toy in the dark.
“No,” Walter said.
“If I’m shooting you in the face with this thing, are you going to smile at me?” Sinn asked
“No,” Walter responded.
The trial will resume Monday, when Liming’s friends and the medical examiner are expected to testify.
Stephanie Warsmith can be reached at swarsmith@thebeaconjournal.com, 330-996-3705 and on Twitter: @swarsmithabj.
This article originally appeared on Akron Beacon Journal: Stafford brothers’ trial for Ethan Liming’s death begins
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