2017 Ohio 7031
Ohio Ct. App.2017Background
- Michael Skidmore recorded courthouse personnel with a GoPro and later at a county commissioners meeting; security confronted him in both incidents.
- At the July meeting, security guard Tim Norris grabbed Skidmore’s camera (on a lanyard); a physical altercation followed in which Skidmore punched Norris repeatedly, Norris’s gun discharged, and Skidmore then assaulted another guard, Charles Kochis (punches and a bite).
- Norris suffered facial injuries including a torn retina; Kochis suffered lacerations and a bite.
- Skidmore was indicted on two counts of felonious assault, two counts of assault, inducing panic, and obstructing official business; a jury acquitted him of felonious assault but convicted on the remaining counts.
- At trial Skidmore presented eyewitness and expert testimony characterizing Norris’s camera grab as aggressive and sought a jury instruction on self-defense; the trial court refused the instruction.
- The trial court sentenced Skidmore to an aggregate 16-month prison term; Skidmore appealed solely challenging the denial of a self-defense instruction.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Skidmore) | Held |
|---|---|---|---|
| Whether the trial court erred by refusing to instruct the jury on non-deadly self-defense | The evidence did not warrant self-defense because Skidmore’s response (multiple punches and a bite) was grossly disproportionate to Norris’s camera grab | Video, eyewitness, and expert testimony showed Norris unlawfully grabbed Skidmore’s camera and that Skidmore used non-deadly force to defend himself | Court affirmed: no self-defense instruction — force used by Skidmore was disproportionate and showed an unreasonable intent to injure |
Key Cases Cited
- State v. Robinson, 47 Ohio St.2d 103, 351 N.E.2d 88 (sets standard for when a defendant is entitled to a jury instruction on self-defense)
- State v. Wolons, 44 Ohio St.3d 64, 541 N.E.2d 443 (appellate review of refusal to give requested jury instruction is for abuse of discretion)
- State v. Williford, 49 Ohio St.3d 247, 551 N.E.2d 1279 (defendant may use reasonably necessary force; excessive force negates self-defense)