2013 Ohio 1784
Ohio Ct. App.2013Background
- Two groups fought in a Wales Ridge apartment complex parking lot around 3:00 a.m. on February 12, 2012.
- Klein confronted Wade to recover $20 Wade had taken earlier; Wade’s group armed with weapons included a brick, crowbar, and bat.
- Evans attacked Klein with a baseball bat, causing serious head injury while Klein was getting up from a confrontation with Wade.
- Taylor allegedly threw a brick at Preston Wade, knocking him from his wheelchair; Douglas admitted involvement and injuries to others.
- Evans gave a recorded statement admitting he hit Klein and claiming he acted to protect his cousin Preston Wade.
- Evans was convicted of felonious assault and sentenced to four years; he appeals arguing the court should have instructed on defense of another.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by not instructing defense of another. | Evans contends defense of another should be given since he protected Preston Wade. | Evans argues evidence supported defense of another in a deadly force situation. | No error; evidence did not support defense of another given the disproportional force. |
Key Cases Cited
- State v. Comen, 50 Ohio St.3d 206 (1990) (instruction must be given if evidence supports it and is relevant to the facts)
- State v. Nelson, 36 Ohio St.2d 79 (1973) (instruction must be given when evidence properly raises the issue)
- State v. Williford, 49 Ohio St.3d 247 (1990) (self-defense elements include bona fide belief of imminent danger and duty to retreat)
- State v. Robinson, 47 Ohio St.2d 103 (1976) (defense claims require only enough evidence to raise the issue, not a preponderance)
- State v. Jackson, 22 Ohio St.3d 281 (1986) (defense must be shown by preponderance of evidence; not proven, defense fails)