Watching this local case closely... (Castle Doctrine)

Redneck Rebel · May 30, 2012

Aside from the fact he exited his vehicle to shoot I don't really see a reason this made it to a trial. Ohio Revised Code 2901.09 states:

2901.09 No duty to retreat in residence or vehicle.

(A) As used in this section, “residence” and “vehicle” have the same meanings as in section 2901.05 of the Revised Code.
(B) For purposes of any section of the Revised Code that sets forth a criminal offense, a person who lawfully is in that person’s residence has no duty to retreat before using force in self-defense, defense of another, or defense of that person’s residence, and a person who lawfully is an occupant of that person’s vehicle or who lawfully is an occupant in a vehicle owned by an immediate family member of the person has no duty to retreat before using force in self-defense or defense of another.
Effective Date: 2008 SB184 09-09-2008

Lima man cites Castle Doctrine in shooting, parks, henry, court - Local News - LimaOhio.com

LIMA — Homeowners who face a life-or-death fight with an intruder have the law on their side when it comes to shooting first, according to Ohio's Castle Doctrine.

A case involving a Lima shooting is using a 2008 Ohio court ruling to maintain the same holds true for a person who is trying to defend himself while in his car.

Dontez Parks, 35, said he feared for the safety of himself and two young girls when he shot Edward Henry. Parks is charged with felonious assault with a gun and faces up to 11 years in prison.

Parks' attorney, Rebecca West Estell, said Henry, who is 10 years younger than Parks and a lot more muscular, had threatened Parks in the past. Henry also spent four years in prison on a weapons charge. There also was a court order in place that required Henry to stay away from Parks.

Henry testified that he walked up to the passenger side of Parks' minivan only to talk, but could not get Parks' attention, even after waving his arms. He then decided to walk around to the driver's side.

“I was not trying to get to Mr. Parks. I was approaching him to talk,” Henry said.

Once at the driver's side, he noticed a gun in Parks' lap. He said he jumped back and decided to try to run behind the van, but as he was moving toward the back of the van, he said Parks got out and shot him once.

West Estell questioned Henry why he would approach someone in violation of a court order. Henry said he had to stop the disrespect Parks was showing toward Felicia Smith, who Henry was dating. Smith also is the ex-girlfriend of Parks.

“I'm in a relationship with Felicia so if he's disrespecting her, he's disrespecting me,” Henry said.

West Estell asked Henry why he didn't just turn around and walk away from Park if there were a court order in place.

“That was not an option,” Henry said.

Henry said he wanted to reach an understanding.

West Estell said Parks acted in self-defense. She said he was licensed to carry a handgun and took a course that fully explained when it was legal for him to use a gun in self-defense.

West Estell said Henry confronted Parks by pounding on the windows of the van and threatening him. Parks was pinned in between cars with one in front and one in back. He had no way out and had two young daughters in the car, she said.

“Mr. Henry was trying to enter his vehicle and he was threatening to kill him,” she said. “Mr. Parks did the only thing he could do. He had tried everything else.”

Parks' trial is schedule to resume this morning in Allen County Common Pleas Court. Parks is expected to take the stand in his own defense.
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Lima man in ‘Castle Doctrine’ case sought prosecutor’s help, parks, henry, lima - Local News - LimaOhio.com

LIMA — A Lima man testified he felt threatened when he shot a man who approached his car, and he was defending himself and two young girls.

Dontez Parks, 35, of Lima, faces a charge of felonious assault with a gun and faces up to 11 years in prison. Parks testified on his own behalf today, using the “Castle Doctrine” as his defense. Parks is charged with felonious assault with a gun and faces up to 11 years in prison.

The defense is using a 2008 Ohio court ruling that a person can defend himself in his home also holds true for a person who is trying to defend himself while in his car.

Parks took the stand in his own defense, saying Edward Henry was aggressive toward him, and he felt threatened.

The first defense witness was a city prosecutor, who Parks sought help from over issues with Edward Henry, who he eventually shot. The prosecutor said three months before the shooting, Parks said he feared Henry might try to harm him or his family. That case eventually went to mediation.

The prosecution wrapped up its case this morning.

A police detective, testifying for the prosecution, said Parks said he was trying to protect the children and himself when he shot Edward Henry.

Earlier Wednesday, Judge Jeffrey Reed ruled the jury could consider that Parks had knowledge of Henry's previous adult weapons crime.

Read more about this story in Thursday's The Lima News. This story was first posted at 10:59 a.m. and updated at 11:19 a.m. and 11:49 a.m.
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tulianr · May 30, 2012

It'll be interesting to see how it turns out. It presents an intriguing question - can you sally forth from your castle to drive off besiegers?

Redneck Rebel · May 30, 2012

tulianr said: ↑

It'll be interesting to see how it turns out. It presents an intriguing question - can you sally forth from your castle to drive off besiegers?
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Or at least when firing from within would further endanger those whom you are attempting to protect.

ghrit · May 30, 2012

tulianr said: ↑

It'll be interesting to see how it turns out. It presents an intriguing question - can you sally forth from your castle to drive off besiegers?
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State laws vary on that. It behooves he who sallies forth to know what they are, and take heed. I think it's obvious that circumstances will dictate prudent actions. Rr presents one possible case where you might get crossways with the local laws. You just have to know ahead of time.

Redneck Rebel · May 30, 2012

Time for Judge Reed to retire as he clearly doesn't understand what No Duty to Retreat means.

Judge: Jurors can't use ‘Castle Doctrine' in Lima man's case

LIMA — A jury cannot consider Ohio's “Castle Doctrine” when considering the felonious assault case against a Lima man, a judge ruled this afternoon.

Judge Jeffrey Reed ruled jurors can't apply the 2008 Ohio law, which says a person can defend himself in his home, in the case of Dontez Parks, 35. Parks faces up to 11 years in prison for shooting another man who approached his car.

The jury will begin considering the case this afternoon.

Earlier today, Parks testified he felt threatened when he shot Edward Henry as he approached his car, and he was defending himself and two young girls.

Parks took the stand in his own defense, saying Henry was aggressive toward him. He said the man kept trying to get inside the car. He said he only shot after Henry ignored his warnings.

The first defense witness was a city prosecutor, who Parks sought help from over issues with Henry, who he eventually shot. The prosecutor said three months before the shooting, Parks said he feared Henry might try to harm him or his family. That case eventually went to mediation.

The prosecution wrapped up its case this morning.

A police detective, testifying for the prosecution, said Parks said he was trying to protect the children and himself when he shot Edward Henry.

Earlier Wednesday, Reed ruled the jury could consider that Parks had knowledge of Henry's previous adult weapons crime.

Read more about this story in Thursday's The Lima News. This story was first posted at 10:59 a.m. and updated at 11:19 a.m., 11:49 a.m., 12:29 p.m. and 3:09 p.m.
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Redneck Rebel · May 31, 2012

Not Guilty
Lima jury finds gunman acted in self-defense, parks, henry, defense - Local News - LimaOhio.com

Clyde · May 31, 2012

Well, looks like a case of Jury Nullification of the Judges Order.

ghrit · May 31, 2012

Clyde said: ↑

Well, looks like a case of Jury Nullification of the Judges Order.
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I believe that nullification would apply if there was a law clearly broken and the jury found not guilty anyway. Ignoring a judge's order after the facts appeared in evidence is a different matter. Judge's orders have the force of law in very limited circumstances; besides, you can't unring a bell. Even if the judge said to not consider that evidence he ruled out, if it was presented, it would be in the back of the juror's minds.

That said, looks like a just verdict. Probably does nothing good for the Castle Doctrine, but shouldn't weaken it either.

Redneck Rebel · May 31, 2012

I'm glad the fellow was cleared, but I think the fact he ever ended up in front of a jury in the first place was a huge miscarriage of justice.

BTPost · May 31, 2012

Judges Orders would have made a Fantastic Appeals Case, if the guy had been convicted. Likely the Appeals Court would have overturned the conviction, just due to the Judges Orders, as they clearly went against the State Statute. It could be the Judge did it, to give the defendant a better shot at an Appeal, should he have been convicted. Judges can be very crafty........... YMMV....

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