Jury returns mixed verdicts in 2021 Ferry shooting trial

Bradley faces 20-plus years in prison

ST. CLAIRSVILLE -- The trial of Tim Bradley for the May 31, 2021, Memorial Day shooting of Zach Burch concluded with mixed verdicts.

Jurors found Bradley, 50, of 1020 N. Eighth St., Martins Ferry innocent of felonious assault, but guilty of two counts of shooting into a habitation.

His sentencing was set for Jan. 29, but the defense intends to challenge the verdict.

Bradley had terminated Burch's employment working on one of his properties, apparently due to dissatisfaction with the quality of Burch's work.

Burch arrived at the Washington Street property to pick up his tool sets and reportedly to ask for payment for his work.

According to testimony and court records, Burch took one set of tools from the house to his vehicle. While walking back to retrieve a second set of tools, it is alleged that he made threatening statements to Bradley, who then reportedly fired six bullets, three of which hit Bradley while others were found inside a house across the street.

Both men were carrying guns, but Prosecutor Kevin Flanagan had said it was not unusual for them both to be armed at all times.

A significant point of contention was whether this would be a self-defense case, with the jury instructed to bring a verdict based on those criteria. Upon hearing the evidence, Belmont County Common Pleas Judge Chris Berhalter had ruled that self-defense criteria would be used.

According to a statement from Flanagan, after three days of testimony the prosecution and defense rested their cases early Friday evening. After a few hours of deliberation, the jury left at 10 p.m. and resumed deliberation at 9 a.m. Saturday, reaching a verdict at 11 a.m. that day.

Flanagan wrote that Bradley was found guilty on two of the three counts charged, including accompanying gun specification charges.

Flanagan said during the course of the trial, he called witnesses to show the events that unfolded on May 31, 2021, which ultimately led to the shooting of Zachary Burch. Flanagan said that Bradley and Burch knew one another and that Burch had worked for Bradley for approximately three months before the shooting.

Testimony included medical reports from Burch's treatment after the shooting, as well as from a resident from across the street who testified about the damage to her home and that bullets were found inside.

Flanagan added that the defense called several witnesses on the third day of trial, including the defendant and a self-defense expert.

Flanagan said he knew going into the trial that it would be extremely difficult and was appreciative of the attentiveness of the jury, especially during the holiday season.

"They listened to a lot of evidence and were diligent in their deliberations. That is the most that we can ask for, especially during this time of year. It cannot be overstated how much we appreciate their service," Flanagan said.

Flanagan also credited the Martins Ferry Police Department for its investigation and fairness throughout the process.

"As I said earlier, this was not an easy case. It was complex and required a lot of effort. I commend the officers for working with our office to ensure a successful outcome," Flanagan said.

Defense attorney Aaron Brockler was contacted after the verdict was reached Saturday.

"They acquitted him on the felonious assault on the basis of self-defense, but they convicted him because he was shooting into a habitation because one of the shots missed the intruder and went into the house across the street," he said. "Obviously you always respect the jury's decision, but it sets a very dangerous and confusing precedent because now you're faced with the choice of: 'Yeah, it's OK to shoot an intruder, but you'd better not miss, or you're possibly going to prison.'"

Brockler said his client faces a maximum sentence of 22 years.

"Can you imagine being faced with the choice of trying to save your own life, but then if you do and you miss, you're looking at 22 years because someone decided to invade your home? It doesn't compute. It can't be what a self-defense clause was intended to do," he said. "We already asked for a mistrial due to legally inconsistent verdicts because the laws regarding shooting into a habitation state that you can't do it unless you have privilege, so we feel that if you're shooting in self-defense that privilege excuses that fact that you didn't know where the bullets are going to land."

He said Berhalter gave him 20 days to provide a brief to review.

"It doesn't logically make sense. Either the shots were justified or they weren't," he said. "It puts a whole new spin on the decision to defend yourself."

He said in the event of a mistrial, the prosecutor would decide whether to bring charges again.

Flanagan was contacted later. He responded by text message that he did not think a mistrial was likely.