Middletown woman shot husband is claiming self defense

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Middletown woman shot husband is claiming self defense

Postby M-Quigley » Thu Feb 09, 2017 3:09 pm

http://www.whio.com/news/attorney-claim ... 77wdk7p7L/

This is a fairly recent story, and not a lot of details so far, but as time goes by could prove to be more interesting in terms of the minute details r/t the legal aftermath. (particularly when the alleged victim defending themselves is a spouse of the alleged attacker)

The attorney for the Middletown woman charged with murder said she shot and killed her ex-husband Monday night in self defense and planned to plead not guilty to the first-degree felony charge.

After the arraignment Wednesday morning in Middletown Municipal Court, attorney Jason Phillabaum, representing Dawn Rachel Shearer, 46, of the 3600 block of Ellis Way, said evidence will show she was “in fear for her life when she used deadly force to repel the attack.”

He said Shearer was chased outside the home Monday night by her ex-husband, Anthony “Tony” Shearer, 45, and she couldn’t “escape” because his van was blocking her Nissan Altima that was parked in the driveway.

When the couple went back inside around 8:30 p.m. Monday, Dawn Shearer, a licensed CCW owner, shot her ex-husband in the living room, police said.

After the incident, she called 911 and told Middletown dispatchers: “I think I shot him in the head.”

The 911 call is a “good indicator” that she wasn’t “trying to hide guilt,” her attorney said outside Middletown Municipal Court. She called as soon as the “threat was eliminated,” he said.

According to witnesses, Phillabaum said, three shots were fired and police said the victim was struck at least once.

Phillabaum said the couple was divorced, but they were living together trying to reconcile their marriage.

Phillabaum told Middletown Municipal Court Judge Mark Wall that his client has lived in the Middletown and Cincinnati areas her entire life; she had passed a background check to get her CCW license; she wasn’t a flight risk; and her criminal history only included an OVI charge a few years ago.

He asked for a “reasonable bond” from Wall.

After hearing the facts in the case read during the arraignment, Wall set bond at $250,000 and scheduled her preliminary hearing for next week. She faces 15 years to life in prison and a $15,000 fine for the murder charge, Wall said.


I haven't seen any reporting yet about what all of the exact words that she said to police prior to her attorney talking to her. There is this additional link however.

http://www.journal-news.com/news/new-de ... cM6tRIQgJ/

“As I was pulling up to the residence, I saw a (female) walking out with what appeared to be a phone in her hand up to her ear. I advised her multiple times to put the phone down and walk backwards to me,” Sorrell said in the report.

“She appeared to be in shock,” Sorrell wrote.


I'm not really surprised at that even if it was a legit case of self defense, under the circumstances. It's mentioned by her in the 911 call prior to the shooting that they were arguing, (which I'm sure wasn't the first time) but not specifically what may have lead her to get a gun or shoot him. It's not been reported yet what she said to investigators following the 911 call r/t that issue.

Dawn Shearer told the officer multiple times that she wanted someone to go inside the home, that she didn’t know what had happened to her husband, and that she didn’t know “what she did,” according to the report.


“We were just arguing over stuff,” she told dispatchers as officers responded to the shooting. “We were married 20-something years. I moved back in to work things out. I think I shot him in the head.”


Here is an audiolink to the 911 call

http://www.wcpo.com/news/crime/pd-middl ... n-the-head
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Re: Middletown woman shot husband is claiming self defense

Postby M-Quigley » Fri Feb 10, 2017 10:56 am

Additional info: If you ever wondered what a "stash" of guns were, according to WHIO it's three 9 mil pistols, one revolver, and a .50 musket. :roll:

http://www.whio.com/news/guns-clothes-b ... C2wZ3nYTK/

Some of the 17 items listed taken from the home were:

Taurus gun box
broken gun cleaning box
black gun case
cell phone
dirty rag out of kitchen trash can
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Re: Middletown woman shot husband is claiming self defense

Postby High Power » Fri Feb 10, 2017 4:23 pm

M-Quigley wrote:Additional info: If you ever wondered what a "stash" of guns were, according to WHIO it's three 9 mil pistols, one revolver, and a .50 musket. :roll:

http://www.whio.com/news/guns-clothes-b ... C2wZ3nYTK/

Some of the 17 items listed taken from the home were:

Taurus gun box
broken gun cleaning box
black gun case
cell phone
dirty rag out of kitchen trash can

I'm even more confused now. I thought an "arsenal" was at least three guns of any type and a that a full house was 3-of-a-kind and a pair.

So as far as media definitions go; does a stash beat an arsenal or the other way around. Can I win any money with this information?
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Re: Middletown woman shot husband is claiming self defense

Postby M-Quigley » Thu Feb 16, 2017 11:39 am

Now I understand why the "broken gun cleaning kit" was considered evidence.

http://www.whio.com/news/she-got-gun-fi ... ieGaOVlEM/

When police arrived, they found the Shearer residence in some disarray. There was patching on the walls, a wooden box was broken and a gun-cleaning kit was scattered around, Stewart said.


After the hearing, defense attorney Jason Phillabaum said evidence will show a long history of domestic violence, with Dawn Schearer being the victim.

“She had a tough decision to make that day to either get injured or defend herself,” Phillabaum said, adding the gun used in the shooting belonged to Tony Shearer. “I think there is going to be information presented eventually that there were guns pointed at her, put against her at various times and that they were both going for the gun and she got to it first.”

There was some bruising and scratching on Dawn Schearer the next day when police took photographs, the detective said.


The next quote doesn't have the context or meaning of what might've been behind it.

Dawn Schearer told police she and her ex-husband, Anthony “Tony” Schearer, had been arguing and she “made a decision that was not wise,” Middletown Police Detective Beth Stewart said.


Was this statement made by the detective about her actions, or an exact quote of her own statement to detectives. Even if it was her statement, is it even a correct statement, since it was made right after a shooting? Also from what perspective? It's illustrative to show that statements to the police right after a shooting should probably be avoided. If you are victim of a deadly encounter you might not be the most accurate witness right after the incident, and you could make yourself appear guilty of something when you might not be. I'm not saying she is or isn't guilty, just that statements at that time can possibly lead to inaccurate conclusions.

Many years ago I was talking with a domestic violence victim shortly after the incident, and she made a statement that she was partly to blame for the assault, that she had done a stupid thing. When I asked her what that was, her reply was that she tried to get the kids together to get in her car and leave him and got caught. He was drunk and she claimed she should've known he would've reacted that way, because he had physically assaulted her before when he was drunk and she threatened to leave him. :(
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Re: Middletown woman shot husband is claiming self defense

Postby High Power » Sat Feb 18, 2017 9:23 am

Does anyone remember former Governor Celeste's pardoning of 25 women who claimed that they were abused and battered? I wonder if a man could claim he was battered and get off as well?

A friend of mine, who is in a wheel chair and completely paralyzed, was battered and abused by his female "care-giver." He was afraid to notify the authorities because of what she might do. This "care-giver" beat him and slapped him around whenever he'd ask for something. She also racked up his credit card debt.

He didn't tell me or other friends what was going on because he was afraid that the state would take everything away from him and put him in a nursing home; something that scared him more than the abuse. Anyway, he was eventually rescued by another woman who became his care-giver and who was able to keep him out of a nursing home.

So, there are a lot of men who are battered by the fairer sex.

BTW, I seem to remember that one of the women he pardoned set fire to her husband who was bound to wheel chair. She claimed that she was abused. Does anyone else remember that? I can't find anything on it but heard it on the radio at the time.

Here's the stories on Celeste's pardons:

http://www.nytimes.com/1990/12/22/us/clemency-granted-to-25-women-convicted-for-assault-or-murder.html

http://www.nytimes.com/1991/01/11/us/at-end-of-term-ohio-s-governor-commutes-death-sentences-for-8.html

http://www.americanbar.org/content/dam/aba/administrative/death_penalty_moratorium/52_ohslj_655.authcheckdam.pdf
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Re: Middletown woman shot husband is claiming self defense

Postby M-Quigley » Sat Feb 18, 2017 10:08 am

High Power wrote:Does anyone remember former Governor Celeste's pardoning of 25 women who claimed that they were abused and battered? I wonder if a man could claim he was battered and get off as well?


Ohio now actually has a law that addresses this issue, but the law specifically says "woman".

http://codes.ohio.gov/orc/2901.06

Did these pardons occur prior to the battered women's law being enacted in Ohio? That might've been a factor.
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Re: Middletown woman shot husband is claiming self defense

Postby Brian D. » Sat Feb 18, 2017 10:31 am

High Power wrote:Does anyone remember former Governor Celeste's pardoning of 25 women who claimed that they were abused and battered?


<Grumble> Ugh, don't get me started! I'm certain that some number of those were legit. I'm just as certain that the rest were NOT. His behind-the-scenes-pulling-the-strings activist wife was the impetus for much of that. Thanks a bunch, Dagmar Celeste, wherever you are!
Quit worrying, hide your gun well, shut up, and CARRY that handgun!

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Re: Middletown woman shot husband is claiming self defense

Postby High Power » Tue Feb 21, 2017 6:03 pm

M-Quigley wrote:
High Power wrote:Does anyone remember former Governor Celeste's pardoning of 25 women who claimed that they were abused and battered? I wonder if a man could claim he was battered and get off as well?


Ohio now actually has a law that addresses this issue, but the law specifically says "woman".

http://codes.ohio.gov/orc/2901.06

Did these pardons occur prior to the battered women's law being enacted in Ohio? That might've been a factor.

In order to be fair for both sexes the law needs to be changed. It should changed to read:
2901.06 Battered SPOUSE/DOMESTIC PARTNER syndrome evidence.
(A) The general assembly hereby declares that it recognizes both of the following, in relation to the "battered SPOUSE/DOMESTIC PARTNER syndrome:"
(1) That the syndrome currently is a matter of commonly accepted scientific knowledge;
(2) That the subject matter and details of the syndrome are not within the general understanding or experience of a person who is a member of the general populace and are not within the field of common knowledge.
(B) If a person is charged with an offense involving the use of force against another and the person, as a defense to the offense charged, raises the affirmative defense of self-defense, the person may introduce expert testimony of the "battered SPOUSE/DOMESTIC PARTNER syndrome" and expert testimony that the person suffered from that syndrome as evidence to establish the requisite belief of an imminent danger of death or great bodily harm that is necessary, as an element of the affirmative defense, to justify the person's use of the force in question. The introduction of any expert testimony under this division shall be in accordance with the Ohio Rules of Evidence.


I like this lady: https://www.youtube.com/watch?v=Id6i8KXvq3Y

And another of her videos - long one but worth watching about the truth of domestic violence - from a feminist: https://www.youtube.com/watch?v=JmfCB_IVkOc
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