Alleged Elyria home invasion results in murder indictment’

Man facing murder charge and 8 additional counts in May death of Elyria man

Chi’Sean Oglesby was protecting his home and had no choice but to use deadly force when he shot Damarco McNair on May 23 at a Washington Avenue apartment complex in Elyria, his attorney said.

A Lorain County grand jury did not agree.

Oglesby, 21, was indicted on murder and eight additional counts by the grand jury, according to an indictment filed June 30 in Lorain County Common Pleas Court.

Oglesby was defending himself after McNair, 22, of Elyria, and a woman forced their way into his apartment and assaulted him, according to Oglesby’s attorney, Christopher McNeil.

The shooting occurred about 3 p.m. in the 200 block of Washington Avenue, police said.

McNair and the alleged female accomplice both were shot.

McNair died later from his injuries in a Cleveland hospital, according to a spokesman for the Lorain County Prosecutor’s Office, which had no information on the woman’s condition.

Oglesby fled the scene and was arrested later that night in East Cleveland.

The grand jury indicted Oglesby on four counts of murder, which comes with firearm specifications that would add additional time to a prison sentence if he is convicted.

He also was charged with attempted murder, four counts of felonious assault, and tampering with evidence.

Those charges also call came with firearm specifications.

Oglesby is in the Lorain County Jail under a $1.1 million dollar bond.

McNeal said his client was acting in self-defense.

He alleged that McNair forced his way into the apartment leaving his client no other choice than to use deadly force.

“He (Oglesby) actually called 911 because he was being assaulted by these people,” McNeal said.

“They came to his residence and they trespassed and vandalized his residence and then they assaulted (him).

“He had no choice but to use deadly force.”

The attorney said Oglesby had a preexisting relationship with the victim and there was a dispute.

McNeal called the Elyria police investigation into the shooting “very shoddy.”

McNeal said McNair or the woman may have been a member of a gang.

“The Elyria Police Department failed to even check and see the criminal history or affiliations of these individuals and instead decided to charge my client, even though he was defending himself inside his home,” McNeal said.

Elyria police did not return a call for comment.

McNeal went on to say that Oglesby’s actions ultimately are supported by the second amendment of the U.S. Constitution.

“I really don’t see how any red-blooded American … with a strong belief in the second amendment and our right to defend ourselves and our home …can believe this man is guilty of anything,” McNeal said.

McNeal wouldn’t comment on whether Oglesby owned the gun used in the shooting or how he acquired the weapon.

“I’m not going to speak to that,” he said.

Chi’Sean Oglesby