Toledo v. Klink
2025 Ohio 2316
| Ohio Ct. App. | 2025Background
- Nicole Klink was convicted by the Toledo Municipal Court of two counts of domestic violence, menacing, and assault following a violent domestic argument with her husband, M.K.
- The incident occurred on September 28, 2023; Klink, M.K., Klink’s daughter, and M.K.’s son (B.K.) were present in the house.
- B.K. called 911 after overhearing violence, yelling, and potential references to stabbing; police responded and arrested Klink.
- At trial, Klink claimed self-defense, alleging M.K. was the initial aggressor.
- The City presented witness testimony, a 911 call, cell video, and police body camera footage showing Klink pursuing M.K. and objects consistent with violence by Klink.
- The trial court found Klink was the initial aggressor and rejected her self-defense claim; Klink appealed, arguing manifest weight of the evidence favored her claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether city disproved Klink’s self-defense | Klink acted in self-defense; M.K. was the aggressor | Klink was the initial aggressor; used disproportionate force | Court held the City disproved self-defense; Klink was initial aggressor |
| Manifest weight of the evidence | Evidence supports Klink’s account | Evidence supports M.K.’s and City’s account | Court found no miscarriage of justice, affirmed conviction |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (standard for manifest weight of the evidence review)
- State v. Robbins, 58 Ohio St.2d 74 (defendant must not be the first aggressor for self-defense)