A convicted murderer was in Ohio County court Tuesday and after some major developments, he could be given a second chance.
Dallas Acoff has already been found guilty of the second-degree murder of Lemroy Coleman from the shooting back in October 2015, but another man who survived the incident is telling a different story.
After a full day of testimony, Judge Sims has given the defense and prosecution 60 days to submit a legal briefing stating their case. Inside the courtroom, Norman Banks took the stand saying he saw Dallas Acoff fire shots on the steps of the American Legion. That's when Coleman and Banks started running down an alley and fired a few shots in retaliation.
Banks testified that Jerome Saunders appeared out of nowhere and shot him and Coleman. Banks did admit his memory of the night is hazy after having a concussion and admitting to drug use.
He also said he did not tell the whole story to police because he was scared, "I don't even like that I had to bring this up or even have to be here. I know that he is not the shooter and I don't even like this at all. I have tried to kill myself numerous times, just because people blame me for Lemroy's death. Why couldn't it be me, why couldn't I die?" Banks said.
Also called to the stand was a private investigator and two Wheeling police officers who said there are many inconsistencies with the stories they received.
Jerome Saunders also took the stand and said he was not in the legion or even East Wheeling the night of the shooting.
Stay with 7News for updates on the judge's decision on a new trial for Acoff.