Man sentenced to 18 years to life in prison for shooting death of ex-girlfriend’s lover

LISBON -- Prosecutors said Daniel C. Whitley shot James E. Powell to death last year in a fit of rage and now he'll spend 18 years to life in prison.

"This did not need to happen. It was born out of rage and out of jealousy," Columbiana County Assistant Prosecutor Steve Yacovone said.

Whitley, 34, Wilbert Avenue, East Liverpool, faced sentencing Monday for murder and a firearm specification for causing the May 15, 2025 death of Powell, who was dating Whitley's former girlfriend and mother of his child.

Yacovone said the woman had an argument with Powell and called Whitley on the phone to talk about it, then Whitley took a gun, found Powell and shot him in the chest in East Liverpool. Powell was 58 years old at the time of his death, with police finding him with one gunshot wound to the chest in the area of Eutaw and Montrose streets. Officers attempted life-saving techniques, but he died that day.

The suspect had fled in a vehicle and as officers were trying to locate the suspect, they received a tip that he was behind a house on Avondale Street. He was located hiding under the porch and taken into custody without incident later that night. The gun was found in the back of a truck and ammunition on the defendant's kitchen table matched. There was also video of Whitley making threats against Powell.

Yacovone said yes, this was a heat of the moment shooting, but video prior to the shooting on Whitley's cell phone confirmed "this defendant had thoughts about harming James Powell."

He recommended a sentence of life in prison with parole eligibility after 15 years plus an additional mandatory three years for using a gun for the total of at least 18 years. Whitley's release will be up to the parole board after those 18 years are served, so potentially he could be facing life in prison.

"Nothing can bring James Powell back," Yacovone said, saying the terms deserved to be served consecutively.

Columbiana County Common Pleas Court Judge Megan Bickerton agreed and followed the recommendation. Whitley received credit for 451 days served in jail and was told if he gets out, he'll need to register as a violent offender.

"You will be eligible for parole but that doesn't mean it will happen," she told him.

Powell's daughter Abaigeal spoke briefly, breaking down crying while trying to address the court. She said every single day, she can't sleep and wakes up crying.

She said her dad missed her graduation and he'll miss everything because of what the defendant did.

"I just want my dad back," she said.

Bickerton told her she was sorry for her loss.

"My dad was a good man. He really was," Abaigeal said.

Whitley's defense attorney, Thomas Will, noted that his client accepted responsibility for his actions in this case when he entered a plea to the murder and firearm specification, which happened in June. Charges of aggravated murder and tampering with evidence will be dismissed.

Will talked about the phone call from the ex and said his client's emotions took over and he's remorseful for the pain he caused the Powell family.

Whitley stood and spoke, saying, "I'm sorry. I apologize for my actions and I take full responsibility."

"You took responsibility because you were caught. You took a life -- no sorry can correct that," Bickerton said.

She spoke about how a lot of relationships go sour, jealousy happens, but told Whitley he took it to another level. She also told him he's lucky there weren't more people hurt or killed since he shot a firearm on the street where there are houses and there were other witnesses, too. She pointed out this wasn't his first time in trouble, with an assault part of his previous record.

Columbiana County Prosecutor Vito Abruzzino commented that obviously this was a situation that could have been avoided. Here someone's jealousy and anger got the best of them and he will spend most likely the rest of his life in prison because of it.

"We give our condolences to the family and I hope this gives them closure and time to heal," Abruzzino said.