In re B.M., 2018 Ohio 1733

14-year-old B.M. was adjudicated delinquent by the juvenile court for an act that would be felonious assault if committed by an adult after a bench trial before a magistrate.
Facts: B.M. returned home after leaving the front door unlocked; an angry stepfather (L.W.) confronted her, grabbed her and wrapped an arm around her body and neck, and she had difficulty breathing.
B.M. had a steak knife in her pocket; when L.W. restrained her she stabbed him twice (arm and upper thigh), then dropped the knife when released.
B.M. asserted affirmative self-defense (claimed she stabbed to free herself from the chokehold); the magistrate and juvenile court rejected self-defense and found delinquency.
On appeal, the court reviewed whether B.M. proved the affirmative defense of self-defense using deadly force and whether the juvenile court’s finding was against the manifest weight of the evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether self-defense using deadly force applies	B.M.: deadly-force self-defense applies because she was not at fault, reasonably believed she faced imminent great bodily harm, and had no duty to retreat	State: court initially applied nondeadly-force standard; argued against B.M.’s proof of self-defense	Held: deadly-force standard applies; B.M. proved the three elements by preponderance and self-defense succeeds
Whether B.M. was at fault in creating the situation	B.M.: she did not instigate the physical confrontation; L.W. grabbed her first	State: pointed to knife possession and B.M. going downstairs as contributing circumstances	Held: possession of the knife did not cause L.W. to grab her; B.M. did not create the situation
Whether B.M. reasonably believed deadly force was necessary	B.M.: adult male restrained her by neck, limiting breathing and risking being pulled down; stabbing was only escape	State: argued force used was disproportionate	Held: objectively and subjectively reasonable for 14-year-old to believe she faced serious harm and to use force to escape
Duty to retreat in home	B.M.: no duty to retreat while lawfully in own residence	State: (implicit) duty/avoidance issue	Held: R.C. 2901.09(B) applicable — no duty to retreat in one’s residence; element satisfied

State v. Thompkins, 78 Ohio St.3d 380, 678 N.E.2d 541 (Ohio 1997) (standard for manifest-weight review of the evidence)
State v. Napier, 105 Ohio App.3d 713, 664 N.E.2d 1330 (1st Dist. 1995) (defendant’s bona fide belief requires both objective reasonableness and subjective honesty)