Police say Ivery was asked to leave Papa Don's Pub in Akron after being unruly, then returned [that same night] with a gun and shot 32-year-old Justin Winebrenner, the off-duty officer who had tried to intervene [in an argument inside the pub]. Winebrenner died at a hospital.
A second off-duty officer was grazed by a bullet during the shooting, and two men and a woman were hospitalized.
During the trial, the prosecution showed evidence that Ivery returned to the bar, angry and seeking revenge, after he was “kicked out” of the pub for unwanted advances toward several women.
The prosecution insisted that Ivery purposely killed Winebrenner and acted with prior calculation and design — two essential elements that must be met in order to convict on aggravated murder.
The defense, however, maintained Ivery returned to the pub to pick up a forgotten box of chicken wings and ended up firing his gun in self defense.