Dayton man found not guilty in self defense shooting

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Dayton man found not guilty in self defense shooting

Postby M-Quigley » Tue Oct 08, 2019 7:55 pm

Interesting facts about the case and how castle doctrine applied. He was not in his own apartment. I couldn't find in the story whether the woman shot was shot accidentally but it sounds like it.

https://www.whio.com/news/local/defenda ... =cb_widget

Jenkins lawyer, Dennis Lieberman, pointed out that a small section of the Castle Doctrine applies to people who are invited guests.

“I’ve been practicing law for 41 years and you don’t often use self-defense because if you miss just one of the elements, if you could have retreated, if you use excess force, if you’re the one that started the fight, any of those can impact self-defense.”

Lieberman says self-defense is complicated and not an easy defense to use because there are three different subsections of the law. In this case, Jenkins was protected by it.


Since the defender was allegedly hiding in a closet before he was attacked, I doubt he was able to retreat anyway, castle doctrine or not.
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Re: Dayton man found not guilty in self defense shooting

Postby WY_Not » Wed Oct 09, 2019 8:10 am

With all the stupidity emanating from Dayton at the moment, I'm quite surprised he was found not guilty. Then I got to the last paragraph and they are still going to charge him with having a weapon under disability.
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Re: Dayton man found not guilty in self defense shooting

Postby M-Quigley » Wed Oct 09, 2019 5:49 pm

WY_Not wrote:With all the stupidity emanating from Dayton at the moment, I'm quite surprised he was found not guilty. Then I got to the last paragraph and they are still going to charge him with having a weapon under disability.


In his case it's an easy charge for the prosecution, but the sentence is nowhere near the same.
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Re: Dayton man found not guilty in self defense shooting

Postby WY_Not » Thu Oct 10, 2019 12:36 pm

Yep. Just kinda sick that they have to take their pound of flesh for a guy just defending what is his.

M-Quigley wrote:
WY_Not wrote:With all the stupidity emanating from Dayton at the moment, I'm quite surprised he was found not guilty. Then I got to the last paragraph and they are still going to charge him with having a weapon under disability.


In his case it's an easy charge for the prosecution, but the sentence is nowhere near the same.
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Re: Dayton man found not guilty in self defense shooting

Postby catfish86 » Fri Oct 11, 2019 10:13 am

Interesting in previous articles linked the arrest affidavit claimed the following:

“Byrd went straight to the bedroom,” investigators wrote in an affidavit filed in Dayton Municipal Court. “When he opened the door, Jenkins shot him multiple times and then shot Daniels when she would not stop screaming.”


but from the article on the trial acquittal contained the following:

During the trial, the facts showed the man who stormed in was the woman’s ex-boyfriend.

Jenkins was at the apartment of Haley Daniels, hiding in the closet while she answered the door, when Daniels’ ex-boyfriend, Teejay Byrd, arrived to retrieve shoes for work.

Byrd went straight to the bedroom and knocked Jenkins to the floor while attacking him before Jenkins fired two shots to protect himself.

The shots hit Byrd and Daniels who suffered critical injuries but survived and recovered.
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