T-L Photo/ROBERT A. DEFRANK Tim Bradley, left, observes with defense attorney Aaron Brockler as his trial begins for a Memorial Day shooting on his property. Brockler said this was a case of self-defense.

ST. CLAIRSVILLE — The issue of self-defense may figure into a trial stemming from a shooting in Martins Ferry on May 31, 2021.

The trial began Wednesday before Belmont County Common Pleas Judge Christopher Berhalter. The prosecution and defense attorneys made their opening statements to the jury, but Berhalter has yet to decide if the criteria for self-defense can be considered as the jury determines whether Tim Bradley was justified in opening fire on Zach Burch in a Washington Street building owned by Bradley.

Bradley, 50, of 1020 N. Eighth St., Martins Ferry, is accused of felonious assault and two counts of shooting into a habitation.

Belmont County Prosecutor Kevin Flanagan said the evidence would not demonstrate self-defense and that video footage from the day of the shooting will show incongruities in Bradley’s statements.

“The defendant did not know what really happened was actually recorded,” he said. “It was recorded by a security camera across the street.”

He gave background, saying that months prior to the shooting Bradley hired Burch to work on one of his properties and the two became friends. Both were outdoorsmen and firearm aficionados, and it was usual for both to be armed.

On Memorial Day 2021, Bradley terminated Burch’s employment via text message and told him he could pick up his tools. Burch went to the Washington Street property where Bradley was.

“There was something of an exchange,” Flanagan said, noting that Burch took the first set of his tools to his vehicle and returned to Bradley’s premises for the second set of tools. “Nothing … has changed. He didn’t go and put on a firearm or anything like that. He always wore a firearm, same with the defendant. Zach walks in and within seconds, he’s shot. Bam! Bam! Bam! It keeps going. Bam! Bam! Bam! Not a warning shot, not, ‘Get your hands up.’ He essentially was ambushed.”

Flanagan said the security camera footage contradicted Bradley’s interview with police. He said Bradley told police Burch had tried to draw a weapon on him and force his way into the house.

“All of the statements given to law enforcement were a lie,” Flanagan said. “Zach Burch walks in, hand by his side, not expecting the ambush that was coming.”

He added that other nearby homes sustained damage as a result of gunshots, including a house across the street where bullets were lodged in the living room.

Defense attorney Aaron Brockler said Bradley had reason to fear for his life and acted appropriately.

“This case is a classic case of self-defense. It’s a classic case of what we refer to as the Castle Doctrine, and it’s a classic case of what they refer to as Stand your Ground,” he said.

Brockler said the friendship between Bradley and Burch had deteriorated, with Bradley upset about many issues including the quality of Burch’s workmanship, which led to him terminating Burch on Memorial Day. Brockler said Bradley’s text told Burch to let Bradley know when he wanted to come and pick up his tools.

“He doesn’t invite him over,” Brockler said.

He said Burch responded, telling Bradley to meet him with money he was owed.

“Bradley says ‘no.’ The next thing is Burch is here,” Brockler continued. “Burch comes in hot with his car, you can hear him coming fast. He walks into Tim Bradley’s house with a gun.”

He said Bradley was on the porch, jumped up in surprise and told Burch to leave.

“He tells him: ‘Get out of here. Don’t ever come back here with a gun.'”

Brockler said Burch took one set of tools to his vehicle, then returned, yelling statements at Bradley that could be construed as threatening.

“Mr. Bradley’s in his house where it’s dark inside,” Brockler said. “He sees a silhouette coming to his door, and in that silhouette he sees Mr. Burch reach up and to the right, 0.5 seconds later Mr. Bradley shoots him, and he fires six shots.”

He said self-defense is reasonable and that Bradley was in fear for his life.

“You cannot come into a person’s house with a gun,” he said. “Once somebody comes into your house with a gun, you are presumed to be acting in self-defense. You are presumed to be in fear.”

Brockler said the missed shots that went into the other house were not intentional.

“He did what any reasonable person would do and fired his shots until the threat was neutralized,” he said.

Brockler said in terms of credibility, Bradley is a firearms instructor who trains police and military and is trained to spot a threat. Brockler said Burch’s statements to police also contained incongruities. He said Burch initially said he did not have a gun when he went into the house.

Brockler said the jury will also hear from a use of force expert who will testify about the trauma and confusion that people who shoot in self-defense can go through and how they interact with police afterward.

“Not only is Tim Bradley on trial here, but every homeowner is,” Brockler said.

When all 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 hearing opening statements, the jury was taken to view the scene in Martins Ferry. The trial continues today.