For anyone who cares, under Ohio law it was a good shoot as well. If anyone cares enough, I could also dig out the statutes, but I'd prefer to give a quick recap.
There was still an armed robbery in progress with employees at risk. The owner, like any Ohio citizen, is allowed to make a citizen's felony arrest regardless of location. His actions are not considered to be "escalating" the situation, especially since there were still employees at risk. The BG shot first, so there is no question whatsoever he was justified in shooting, but IMO he would have also been justified in shooting first since an armed felon clearly places him in fear of death or serious bodily injury.
In Ohio, outside of a private residence home or car, a person has a duty to retreat if they can do so safely. Obviously, he couldn't retreat safely and still effect a citizen's arrest (How do you out run a bullet?). Also, in a private residence or vehicle and the bad guy not lawfully present, there is a presumption of innocence; since this happened outside of a business, the presumption of innocence does not exist which simply means if it went to trial the defendant needs to prove it was self defense.
Finally, under Ohio Law (O.R.C. 2307.60) there is civil immunity for any damages, so he is off the hook.
When I took my Texas CHL training, my Yoda-like instructor told us to memorize the phrase"aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery". It greatly simplifies things. Thank God I live in Texas!
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- by Jumping Frog
- Tue Aug 30, 2011 7:24 am
- Forum: The Crime Blotter
- Topic: OH CHL shoots BG's legs to enable him to repent.
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