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Cops and Courts

Abline Cannon will serve at least 40 years before possibility of parole (UPDATED/VIDEO)

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    Albine Cannon looks at his attorney James Burge during sentencing Thursday.

    BRUCE BISHOP / CHRONICLE

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ELYRIA — Abline Cannon was sentenced to life in prison without the possibility of parole for at least 40 years Thursday for the 2016 murder of David Barreiro.

Cannon, 38, of Cleveland, was found guilty on 13 of the 14 counts of the indictment, including aggravated murder, by a jury Thursday, after a trial that lasted longer than a week.

Prosecutors have said Cannon and another man kicked in the door to Barreiro’s Shore Drive apartment in December 2016 with the intent of robbing the victim. Barreiro had a gun of his own, and a shootout ensued that left Barreiro dead with four gunshot wounds and Cannon with a bullet in his arm.

Who: Abline Cannon, 38, of Cleveland
What: Cannon will serve 40 years on multiple felonies in the death David Barreiro before the possibility of parole. 

He was found guilty on 13 of 14 counts, which included aggravated murder, murder, kidnapping, felonious assault, robbery and tampering with evidence.

The jury found Cannon not guilty on one count of murder, which pertained to one of many theories on the crimes put forward by the prosecution.

The jury also found Cannon guilty of all the specifications attached to the counts, except for those attached to the count for which he was found not guilty.

Prior to Cannon being sentenced by Judge Chris Cook, Barreiro’s mother, Sesa Barreiro-Patterson, addressed the court, saying she wanted to tell the court “who David really was.”

Barreiro-Patterson said her son was athletic, boxed and played sports throughout high school, but his first love was music.

“His greatest God-given talent and love was music,” she said. “David had his own studio where he would write, record, produce and engineer his music. He was also a great cook and always said if he didn’t love music so much he would want to become a chef and open his own restaurant.”

Barreiro-Patterson also said her son had “so many goals and visions” for his future, but “unfortunately, they were cut short at the age of 23 by an individual who lacks remorse and the moral compass that normal human beings possess.”

The victim’s mother asked Cook to give Cannon the maximum sentence of life in prison without the possibility of parole. Assistant County Prosecutor Tony Cillo also asked for the maximum sentence, citing Cannon’s extensive criminal record.

“He is beyond rehabilitation,” Cillo said. “It doesn’t matter whether you lock him up, because once he gets out he will continue on. Prison doesn’t rehabilitate him. Prison just takes him out of circulation for a while. That’s all we have left: taking him out of circulation so that nobody else is victimized.”

Cannon declined to address the court, shaking his head when Cook gave him the opportunity.

His defense attorney, James Burge, asked Cook for the minimum sentence that would give Cannon the possibility of parole after 24 years, saying that the defendant would be close to 65 years old when he was first up for consideration of parole.

“I would think that by that time, as a senior citizen, Abline will look back on his life and have a lot of regrets,” Burge said. “I’m sure he has them now, and I think he possibly could be subject to release. I would hate to have that foreclosed by long, consecutive sentences. I think even the convicted nevertheless have some right to hope.”

Cook said he felt “neither of those sentences was appropriate.”

“I do think a life sentence without the possibility of parole denies the defendant any hope for a future and any hope for redemption, despite the fact this is an awful case with terrible facts,” Cook said. “A minimum sentence would be inappropriate and disrespectful to the family and demean the seriousness of this conduct.”

The judge also addressed Cannon directly prior to issuing the sentence.

“Mr. Cannon, I find your criminal record to be incorrigible. You’ve spent almost your entire adult life as a criminal, and you’ve wreaked havoc on communities and you’ve wreaked havoc on people’s lives,” Cook said. “You have, by my count, approximately 21 adult felonies, have been to prison twice, neither of which made an impact or affected you in a positive manner to change your lifestyle and, as you sit here today, you’ve graduated from trafficking drugs, robbery, weapons charges and felonious assault to murder.”

Cook also said that for now he finds Cannon to be “irredeemable and unrehabilitatable.”

Contact Scott Mahoney at (440) 329-7146 or smahoney@chroniclet.com. Follow him on Twitter @SMahoneyCT.


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