James Dimirack has been found not guilty of killing Shawn Heinlein on January 30, 2015 in Weirton. The four day trial consisted of two key witnesses, including the medical examiner, being excluded from being allowed to testify because the Hancock County Prosecutor failed to add them to their witness list.
This is not the first time this happened. Back in October, Judge Jason Cuomo considered dismissing the case when Dimirack’s defense attorneys said the prosecutor’s office failed to follow correct procedure to bring him to trial due to the lack of witnesses and evidence submitted after he was indicted by the Grand Jury in April..
During Thursday’s testimony a police recording from the night the murder reportedly took place was played. In the recording, 23-year-old Dimirack is talking with police about what happened and says over and over again he did not know the man and only shot in self-defense. He says he was at no point angry that night and that he was scared and had no intentions of shooting the victim. Dimirack also said in the recording this never should have happened.