T-L Photo/ROBERT A. DEFRANK Tim Bradley, right, observes Monday while his defense attorney, Aaron Brockler, argues for the use of self-defense criteria in his trial next week. Bradley is accused in a shooting incident in Martins Ferry on Memorial Day 2021.

ST. CLAIRSVILLE — The trial of a man accused in a shooting incident in Martins Ferry in 2021 is set for Dec. 27 and may hinge on the question of self-defense.

During the trial, the judge will decide whether the defense will be able to argue that the defendant acted in self-defense, which would place the burden of proof onto the prosecutor’s office.

On Monday, Belmont County Common Pleas Judge Chris Berhalter heard arguments from Prosecutor Kevin Flanagan and Aaron Brockler, defense attorney representing Tim Bradley.

Bradley, 50, of 1020 N. Eighth St., Martins Ferry, according to court records, is accused of felonious assault and two counts of shooting into a habitation. The charges stem from an incident on Memorial Day, May 31, 2021. According to information released at the time, a man was reportedly shot three times, twice under the arm and once in the shoulder, possibly as a result of a disagreement regarding money for work. The man was treated at a Pittsburgh hospital. Flanagan later said he had since recovered. Flangan said Bradley was inside of his residence when he fired the shots, but the shots hit other houses in the area.

During Bradley’s appearances at the county court level, attorneys said there was considerable video evidence including body camera footage from police officer interviews and surveillance footage from two residences.

At Monday’s hearing, Flanagan and Brockler discussed how self-defense would be brought up during the jury selection process. It was decided that they would not give explicit self-defense criteria during jury selection, but the defense would note that self-defense was a possibility. After evidence is presented, Berhalter will determine if the case fits the parameters for self-defense and then instruct the jury on how to reach a verdict.

After the hearing, Flanagan said self-defense is specified under Ohio Revised Code 2901.05, which outlines the circumstances when an individual may use force when believing themselves in danger, and ORC 2901.09, which specifies that there is no duty to retreat when in one’s own residence.

“As to what needs to be put forward by the defendant and what needs to then be brought up by the state of Ohio,” Flanagan said of self-defense criteria.

During the hearing, Brockler elaborated.

“Normally, we would sit here and have to prove there is some kind of reasonable doubt or make that argument, but it’s actually important that (potential jurors) know ahead of time that the burden of proof is going to be on the state to prove beyond a reasonable doubt that he was not acting in self-defense, and then for us to de-select jurors based on that,” Brockler said. “Some jurors are very uncomfortable with that, and some other jurors don’t see a problem with that.”

Flanagan said questions to potential jurors from the attorneys should not be confused with instructions from the judge about how to consider the evidence. A jury viewing of the scene will also be arranged.

Following the hearing Monday, Flanagan described what will happen at the trial.

“The defense will make their arguments at trial as to why they believe this was self-defense, and the state of Ohio will present evidence and arguments to why we believe it was something other than self-defense,” he said.

Brockler also gave a brief statement.

“All I can really say at this time is that Tim Bradley is innocent. He maintains his innocence, and we’re looking forward to our day in court.”