State v. Towson, 2022 Ohio 2096

Towson was charged with aggravated menacing (against Barry Rogers) and domestic violence (against Carrie Day) for allegedly pointing a handgun and threatening to kill them after unexpectedly arriving at the home he shared with Day.
Witnesses (Day, Rogers, and a deputy) testified Towson, intoxicated, removed a handgun, pointed it from ~5 feet and threatened both; Day and Rogers left and reported the incident. Towson admitted his hand had been on a firearm and a loaded magazine was in the gun on his nightstand.
Towson testified he displayed the gun because he feared Day (claimed she carried a gun and had access to knives) and denied pointing the gun at either person; he characterized the incident as a setup.
The trial court refused the defense request to instruct the jury on self-defense, concluding the evidence did not trigger that instruction; the jury convicted Towson on both counts.
Towson moved for a new trial and appealed, arguing the court violated his due process right by refusing the self-defense instruction; the appellate court reviewed for abuse of discretion and sufficiency of evidence to support the instruction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by refusing to give a self-defense jury instruction	State: evidence insufficient to support a self-defense claim; defense was mere speculation	Towson: his testimony and claimed fear entitled him to the instruction; denial deprived him of presenting his defense	Court: No error — evidence did not reasonably support a bona fide belief of imminent harm; self-defense instruction not warranted

State v. Palmer, 80 Ohio St.3d 543 (1997) (trial court need not give an instruction when evidence is insufficient to support the defense)
State v. Barnes, 94 Ohio St.3d 21 (2002) (elements of valid self-defense claim where deadly force is used)
State v. Thomas, 77 Ohio St.3d 323 (1997) (no duty to retreat before using force in one's own home)