Dayton man sentenced for shooting and killing of another man

Dwayne_Ellison_20120308210810_JPG

Dwayne Ellison

National tragedy grounds for new trial?

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Dayton man sentenced in shooting death

Updated: Wednesday, 16 Jan 2013, 10:07 PM EST
Published : Wednesday, 16 Jan 2013, 5:16 PM EST

DAYTON, Ohio (WDTN) - "I cry everyday about my son getting killed.  No time, not money, nothing can replace him," says Jaquata West.

Fighting back tears, West spoke about her son Isaiah at Dwayne Ellison's sentencing.

"Whatever time he get, it's not enough," explains West.

Ellison was convicted of gunning down West outside Gina's Party Store in Dayton in May 2011.

He was sentenced to 21 years to life in prison Wednesday for his murder.

"These last couple years, we've been going through so much. Isaiah was a good child.  He was doing the right thing.  He was just at the wrong place, wrong time," comments Carolyn Saddler, West's aunt.

Ellison still claims it was self-defense.

"I'd like to say to Ms. West.  I'm sorry for her loss and everybody was at fault in this matter and I was wrong for carrying a gun but I had to defend myself.  I didn't shoot that man in cold blood," says Ellison.

But, West's family says the evidence shows otherwise.

"It wasn't self-defense. We seen the tape.  It wasn't self-defense. My nephew stepped out of the store and he started shooting.  He shot nine times and one of the bullets caught him in his heart," comments Saddler.

Ellison's attorney Dan O'Brien tells 2 News he plans to file an appeal in the case.  

The jury was seated on the same day as the shooting massacre at Sandy Hook Elementary School.

He believes that because of the national "furor" over guns, Ellison didn't get a fair trial.

"Hopefully, we'll get another chance in another atmosphere," says O'Brien.
 

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