2023 Ohio 2074
Ohio Ct. App.2023Background
- Defendant Donnell Terry went to the home of Derrick Jackson (the stepgrandfather of Terry’s daughter), where he had been barred from visiting.
- A porch confrontation ensued; Terry pointed a handgun at Jackson after Jackson told him to leave and the two argued.
- Police arrested Terry for aggravated menacing (first-degree misdemeanor); Terry asserted self-defense at a bench trial.
- State presented testimony from Jackson and Officer Patrick Meyer; Terry testified he was shoved off the porch, recently had leg surgery, and feared for his life.
- Trial court found Terry not acting in self-defense, concluded the use of a firearm was not justified, and sentenced him to 180 days in jail; Terry appealed arguing manifest-weight error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Terry validly claimed self-defense for using deadly force | State: Terry created the situation, acted out of anger, not reasonable fear; deadly force was disproportionate and unnecessary | Terry: Jackson shoved him; recent leg surgery made him unstable; he reasonably feared imminent death/great bodily harm | Court: Rejected self-defense; Terry’s fear was undermined by other evidence and his use of a gun was disproportionate; conviction affirmed |
| Whether the conviction was against the manifest weight of the evidence | State: Trial court properly weighed credibility; evidence supports conviction | Terry: His testimony showed honest fear and necessity, so the court lost its way | Court: No manifest-weight error; appellate court defers to trial court credibility findings |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380, 678 N.E.2d 541 (1997) (sets the standard for manifest-weight review)
- State v. Martin, 20 Ohio App.3d 172, 485 N.E.2d 717 (1985) (discusses manifest-weight inquiry and credibility assessments)
- State v. Barnes, 94 Ohio St.3d 21, 759 N.E.2d 1240 (2002) (articulates elements required to assert self-defense when deadly force is used)
- State v. Williford, 49 Ohio St.3d 247, 551 N.E.2d 1279 (1990) (failure to prove any one self-defense element is fatal to the claim)
- State v. Jackson, 22 Ohio St.3d 281, 490 N.E.2d 893 (1986) (self-defense burden and element analysis)
- State v. Thomas, 77 Ohio St.3d 323, 673 N.E.2d 1339 (1997) (explains subjective and objective components of belief in imminent danger)
- State v. Reyes-Figueroa, 158 N.E.3d 939 (2020) (use of force must be reasonably proportionate to the threat)