State v. Smith, 2024 Ohio 2811

Tawann Smith was convicted of felonious assault and two firearm specifications after shooting a former friend during a fight at a gas station, an incident captured on security video.
Smith was sentenced to consecutive three-year terms for the firearms and an indefinite two-to-three-year term for felonious assault.
The altercation began as a verbal confrontation, initiated by Smith, after a minor physical contact as the victim was leaving the store; it escalated when Smith pushed the victim, leading to a fistfight involving Smith's brother.
Smith claimed he shot the victim because he believed he was at risk of being overpowered and disarmed during the fight.
The victim was unarmed, which Smith conceded at trial; the altercation turned deadly only once Smith used his firearm.
On appeal, Smith argued his conviction was against the manifest weight of the evidence, asserting self-defense.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the conviction against the manifest	Evidence showed Smith was initial aggressor;	Smith acted in self-defense, fearing for	Jury did not lose its way; conviction affirmed.
weight of the evidence, particularly	video showed victim unarmed and not in mortal	his life due to prior threats; claimed	Court found Smith instigated and escalated fight.
regarding self-defense?	danger; Smith escalated to deadly force.	victim tried to grab his gun.	Self-defense claim rejected.
Did Smith reasonably believe he was in	Objective evidence showed no imminent threat	Subjectively feared being overpowered and	No reasonable or honest belief of imminent danger.
imminent danger justifying deadly force?	or danger to life at the time of the shooting.	disarmed due to prior history and fight.	Force used was disproportionate.
Was Smith at fault for creating the	Smith advanced, initiated confrontation, and	Victim instigated by physical slight;	Smith provoked the incident and was initial
situation?	began the physical altercation.	Smith only responded with force.	aggressor; no self-defense.
Was the jury's credibility determination	Jury free to credit State's evidence and	Verdict should not stand; testimony of	Jury was entitled to reject Smith's version based
clearly erroneous?	reject Smith's testimony.	Smith and brother establishes self-defense.	on video and evidence.

State v. Thompkins, 78 Ohio St.3d 380 (establishes the standard for manifest weight of the evidence appeals)
State v. Martin, 20 Ohio App.3d 172 (defines circumstances for reversing a conviction on manifest weight grounds)
State v. Smith, 2010-Ohio-4006 (trier of fact may believe all, some, or none of any witness's testimony)
State v. Sekic, 2011-Ohio-3978 (party cannot provoke an affray and then claim self-defense)
State v. Gilcrease, 2020-Ohio-487 (self-defense inapplicable if force is disproportionate to threat)