State v. Rothermel, 2014 Ohio 3168

State v. Rothermel, 2014-Ohio-3168, is in the Second Appellate District, Montgomery County.
Defendant Bryon J. Rothermel was charged July 19, 2013 with assault (R.C. 2903.13(A)), menacing (R.C. 2903.22), and criminal damaging (R.C. 2909.06(A)(1)).
Crago testified to altercation; Rothermel claimed Crago threatened him and that he believed Crago would shoot him; Rothermel admitted striking Crago with his gun and punching him.
Neighbors and police observed Crago injured; trial court found Rothermel not guilty of menacing and criminal damaging but guilty of assault, with self-defense rejected.
Sentence included 180-day jail term (suspended), one year of community control, fines, community service, and destruction of weapon; conviction appealed as weight of the evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the assault conviction is against the manifest weight of the evidence	Rothermel argues self-defense negates guilt (weight of evidence).	Rothermel contends the force used was necessary to repel an imminent threat.	No; conviction upheld; weight not against evidence; force excessive and not reasonably necessary.

State v. Jackson, 22 Ohio St.3d 281 (1986) (deadly force requirements; self-defense elements)
State v. Barnes, 94 Ohio St.3d 21 (2002) (self-defense; duty to retreat; reasonable force)
State v. Williford, 49 Ohio St.3d 247 (1990) (deadly force; proportionality; reasonable force)
State v. Napier, 105 Ohio App.3d 713 (1995) (excessive force; head trauma as deadly force)