Testimony begins in Chi'Sean Oglesby murder trial

ELYRIA — Opening arguments were made and the first witnesses were called on Tuesday in the murder trial of Chi'Sean Oglesby in Lorain County Common Pleas Court. The prosecution argued that Oglesby, 23, shot two longtime friends whom he had invited into his apartment at 238 Washington Ave., killing Damarco McNairy of Euclid and seriously injuring Danielle DeJarnette. Oglesby is charged with murder, attempted murder, four counts of felonious assault and tampering with evidence. His case is being heard in the courtroom of Lorain County Common Pleas Judge Raymond Ewers. Defense attorney Chris McNeal did not argue the fact that Oglesby shot his friends on May 23, 2022, but said that he did so only after a group of five people barged into his home and threatened his life. "You'll hear (DeJarnette) admit that Mr. Oglesby wanted no part of fighting," McNeal said. "But they insisted. Why? Because that was their intent. Why? They were armed, they were trifling and they came to this man's home to start violence." To make its case that the shooting on May 23 was not self-defense, but rather murder and assault, the prosecution led by Lorain County Assistant Prosecutor Daniellela Leigh called DeJarnette to the stand. DeJarnette was shot multiple times by Oglesby during the incident, including in the stomach, right buttock and and twice in her chest and left arm. She recounted her history with Oglesby and with the other individuals who were present at the incident: Maria Thurmond, Tyvon Gaines (DeJarnette's boyfriend at the time and Oglesby's brother), Anthony Thurmond and McNairy. She testified that McNairy, Oglesby and Anthony Thurmond had been members of the Heartless Felons, a Cleveland street gang. DeJarnette said the group had been close friends for years before the shooting, up until a dinner party she hosted at her home in Cleveland on May 22, 2022. She testified that the group spent the evening eating, drinking alcohol and smoking marijuana. At one point in the evening, they brandished handguns owned by Oglesby and Maria Thurmond, on social media sites, and a "beam" accessory was moved from Oglesby's pistol to Maria Thurmond's. Also at some point during the party, DeJarnnete said, Oglesby had a conversation with Gaines about "missing weed." Oglesby left the house "no later than" 2 p.m., according to DeJarnette, but allegedly returned later to retrieve the laser accessory for his gun. DeJarnnete, who slept through Oglesby's return, said she was awakened by Maria Thurmond and McNairy, who claimed that Oglesby had stolen Thurmond's gun and "some stuff" from Gaines' car. She said that Maria Thurmond was "upset" but that she could not recall the specifics of McNairy's demeanor. She testified that she did not communicate with Oglesby at all via phone that day, but claimed that he did communicate with Maria Thurmond and McNairy and told them to come to his apartment in Elyria to retrieve the items. DeJarnette said Oglesby again brought up marijuana that he claimed was stolen from him. During cross-examination, McNeal pressed DeJarnette on these claims, questioning how she could know what was said if she did not speak to Oglesby herself before arriving at his home in Elyria. "But he never told you before you got to his apartment that you could come over," McNeal asked. DeJarnette replied no. Between noon and 1 p.m. DeJarnette, Gaines, Maria Thurmond, Anthony Thurmond and McNairy packed into DeJarnette's car and Gaines drove them to Elyria. DeJarnette said she had a handgun owned by Gaines tucked into her waistband, but that this was not unusual as she carried it for him regularly. Leigh asked DeJarnette if there was any plan among those in the car to harm Oglesby physically or destroy his home. She said there was not. The car arrived at 283 Washington Ave. before 2 p.m. and DeJarnette said Oglesby called someone via Facetime in the car and told them to come up to his apartment. The front door of the apartment had an automatic lock, and DeJarnette testified that she did not recall how the group got in. Again McNeal challenged her, stating that she had told police who visited her in the hospital that McNairy had been the one to open the door, though she did not say in that interview how he accomplished it. Oglesby's apartment door was also a point of contention. DeJarnette testified that Oglesby let them in, while McNeal argued that damage to the doorknob and door jam indicated that the door was forced open by someone. Once the group of five was in the apartment, DeJarnette said that Oglesby apologized to her and returned Maria Thurmond's pink handgun. She said that the feeling in the room was calm, but at a certain point two things escalated. Gaines began to pour mustard and maple syrup he had brought with him on Oglesby's couch, supposedly as revenge for Oglesby and his girlfriend doing the same to Gaines' sister. In doing this, McNeal argued, Gaines had "pushed for a confrontation." That did not seem to faze Oglesby, DeJarnette testified, but then he and McNairy began arguing over $200 McNairy allegedly owed for "fronted" marijuana. She said the argument escalated to McNairy challenging Oglesby to go outside the apartment and fight. "They were going back and forth arguing, and then Damarco said that they could go outside and work," DeJarnette said. "And 'work' means fight. Chi'Sean kept saying — he was clutching — and just kept saying 'I'm not gonna work with you.'" With prompting from Leigh, DeJarnette further explained that "clutching" meant Oglesby was grasping at his waistband, where his gun was tucked. She testified that at no time did McNairy strike or attempt to strike Oglesby, nor did she or Maria Thurmond point the guns they had at him. After an uncertain period of argument, "I just heard shots," DeJarnette said. DeJarnette stated that McNairy turned to face the rest of the group, who were silent out of shock, she said, and it was clear he had been shot at least twice — in the stomach and upper torso. After a short pause, Oglesby opened fire on the rest of the group and sporadically around the apartment, DeJarnette said. They began running to try and leave the apartment. "As we were all running around (Oglesby) was still shooting. … He was shooting, and he just had no expression on his face, he didn't say anything at all." DeJarnette testified that she was shot first in the right buttock, then in the chest and stomach as she and the others attempted to flee out the door but could not. Eventually, she said, she fell to the floor as the others were able to get out onto the second-floor balcony and jump off. It was at this time, DeJarnette said, that she attempted to remove the gun from her waistband with her left arm and Oglesby subsequently shot her in the arm twice. DeJarnette said she and Oglesby were the only two left in the apartment, and he was searching for something. She testified that she asked if he was going to kill her, and reminded him she had a son. "I know you have a son, where's my car keys at," was his response, DeJarnette said. DeJarnette dragged herself around the apartment, found the keys on the ground and gave them to Oglesby, at which point he left. On cross-examination, McNeal asked DeJarnette if Oglesby spared her life. "Barely," she replied. "He didn't have to shoot me at all." McNeal questioned DeJarnette about whether carrying a gun that was not hers was at all unusual to her, which she said it was not. At one point, she also claimed that Maria Thurmond's gun had been empty, but McNeal pressed her as to how she could have known that if she did not handle the gun on May 23. "How could you know that, because you never handled the weapon right?" McNeal asked. "Do you have X-ray vision?" DeJarnette said the gun was always empty, as Maria Thurmond had never purchased bullets for it. McNeal asked if she was assuming the gun was empty based on her prior experience, but DeJarnette maintained she knew it was empty on May 23, 2022. McNeal also asked if DeJarnette ever remembered Oglesby telling the group to leave his apartment. She said she did not remember his saying anything to that effect but was not certain he never said it. The trial will continue with further prosecution witnesses on Wednesday at noon. Contact Owen MacMillan at (440) 329-7123 or omacmillan@chroniclet.com.