Jeno L. Wall, left, enters the courtroom for opening arguments in his aggravated murder trial Tuesday afternoon, preceded by one of his defense attorneys, Charley Kidder. He’s accused of shooting to death 30-year-old Robert E. “Hubba” Herron on Sept. 9, 2024 in Wellsville. (Photo by Mary Ann Greier)

LISBON — “Help me, I can’t breathe, my back hurts.”

Those were among the last words of Robert E. “Hubba” Herron before he took his last breath after being shot the night of Sept. 9 on Tenth Street in Wellsville, Columbiana County Assistant Prosecutor Tammie Riley Jones said.

They were her first words when she started to tell jurors what happened to Hubba and described the actions of Jeno L. Wall, also known as Mally, the man charged with aggravated murder for allegedly beating and shooting Hubba to death.

“This case is about the senseless murder of Robert E. Herron — Hubba,” Jones said, adding that it’s also about his right to live.

The jury trial against Wall, 35, Steubenville, started Tuesday morning with jury selection, followed by a jury view of the crime scene areas and then opening arguments by the attorneys for both sides. The jury consists of eight women and four men, along with two alternates, a man and a woman.

Charges against Wall include unclassified felonies of aggravated murder and murder and third-degree felony intimidation of an attorney, victim or witness in a criminal case, along with firearm specifications for allegedly using a firearm to cause Herron’s death. If convicted, Wall could face a possible sentence of life in prison without the possibility of parole for the aggravated murder charge, which alleges that he “did purposely, and with prior calculation and design, cause the death of another, to wit: Robert E. Herron.”

He remains jailed under a $1 million cash or surety bond, but is appearing during the trial in street clothes without being shackled or handcuffed, accompanied by two deputies. His court-appointed defense team includes defense attorneys Joe King and Charley Kidder. Jones is being assisted by fellow county Assistant Prosecutor Christopher Weeda.

Family members of Herron were present for the opening statements as Jones reviewed what she said the case will show and what jurors will hear, how a caller reported hearing arguing, hearing a single gunshot and people running away. When Wellsville police showed up, they found no one and then found Herron.

“That single gunshot wound proved fatal,” Jones said.

She talked about the elements of the charges and said the state’s burden only applies to those elements. She talked about how the defendant denied being anywhere near the scene of the crime or having contact with anyone there, denying any involvement in Hubba’s death. She also made mention of him allegedly wearing a white, light-colored hoodie, then later being dressed in black.

According to Jones, Wall was described as being antsy and nervous after it came on social media that Hubba had been shot.

“He offered others money and drugs to say someone else shot Hubba,” she said.

The murder weapon was never found, but she said investigators found an eyewitness in the form of James R. Howell, who had been letting Hubba and a woman known as Tiffany Sattler stay in his garage, but then later, had them leave. He said the defendant showed up at 10:45 p.m. Sept. 9 wanting to know where Hubba was, he left, then he came back again demanding to know where he was and was allegedly accompanied by Brandon Kessler. The two found Hubba hiding nearby.

Jones said Howell allegedly saw the defendant hit Hubba and then told him to stand up and shot him. As he was leaving, the defendant allegedly told Howell, “You didn’t see anything.”

Jones the testimony of witnesses, along with their evidence, will prove their case that the defendant “beat and shot an unarmed man in the back.”

King offered up a different scenario when he gave his opening statement, noting that Weeda told jurors that morning that the state was going to put on a bunch of witnesses, but what King said what they’re not going to present is any DNA or lab reports.

King told jurors to pay attention to the testimony of Howell and Kessler, how Kessler said it was some black dude with dark hair and he didn’t really see the dude, then told an investigator he didn’t know what the guy looked like and he didn’t know him.

Referring to Kessler, he said this is the same guy that’s going to come into court and identify his client. Kessler, 41, 10th Street, Wellsville, was indicted for obstructing justice, a third-degree felony, for allegedly lying to police during the investigation into Herron’s shooting death.

Then King talked about Howell and the photo lineup and how he was shown a single photo of Wall first. King said that the victim, Howell and Kessler were good friends at the time, but when Herron was shot, Howell said it was a black dude and he got scared and ran away and he had a .380 on him. King said his friend was shot and he didn’t go to see what’s going on with him or call 911?

“Actions speak louder than words, that tells you something,” he said

King alleged that there was a plan to get Herron over there that night and “they planned that and they did it.”

Wall will be taking the stand in his defense and King asked jurors to keep an open mind and hear the other side of the story.

The trial will continue this morning with the state’s witnesses.

mgreier@mojonews.com