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September 28, 2015 -- An alleged cop killer who faces the death penalty is back in court this week.

Kenan Ivery, 36, is charged in the fatal shooting of 35-year-old Justin Winebrenner at Papa Don's Pub in Akron, Ohio.

The testimony phase of the trial began Monday.

Ivery is also charged with shooting five others at the restaurant. The others survived the assault.

Winebrenner was off duty at the time of his murder.

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Testimony will begin Monday in the trial of a man who faces the death penalty in the shooting death of an off-duty Akron police officer.

Kenan Ivery, 36, is charged in the Nov. 16 shooting of 35-year-old Justin Winebrenner at Papa Don's Pub.

Ivery is charged with aggravated murder, murder, five counts of attempted murder, six counts of felonious assault, possessing a weapon as a felon, carrying a concealed weapon and tampering with evidence.

He has pleaded not guilty to all charges.

Jurors will be taken to the East Market Street pub on Monday. Prosecutors and defense attorneys are expected to give opening statements later in the morning. Summit County Common Pleas Judge Alison McCarty is presiding over the trial.

Ivery is also accused of shooting David Wokaty, 34, Michael Capes, 41, Jennifer Imhoff, 41, and off-duty officer Thomas Russell, 51, who were also in the pub. They survived.

Justin Winebrenner
Akron police officer Justin Winebrenner.
Akron Police Department

Winebrenner attended a fundraiser earlier that evening that Ivery also attended. The two men later that evening visited Papa Don's where Winebrenner's fiancée worked.

An employee escorted an unruly Ivery from the bar, but he returned later with a gun, witnesses told police.

Winebrenner, Wokaty and Capes noticed Ivery reach for the gun and rushed him, witnesses said. Wokaty was the pub's bouncer that night and Capes was a customer.

Ivery fired several shots as the trio shoved him outside. Winebrenner was shot twice in the torso and died. A bullet struck Capes in the foot. Stray bullets struck Imhoff and Russell. A bullet grazed Russell.

A K-9 officer tracked Ivery to a field less than a mile from the bar.

Ivery is a convicted drug dealer who served three different prison stints since 2002.

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