Two teens fatally shot while trespassing in Dayton

[M-Quigley]

So, you think you see someone who has broken into your garage and you grab your gun and go investigate. Of course you bring your gun because, if there is someone there, they might try to attack you when you discover and challenge them. So instead of running away or agreeing to wait for the police, they charge you. Bang bang and there you are. No pity from me for the “children”.

Well if that's what happens and that's how you describe it to the police, that would be one thing. If instead you tell the dispatcher "They were going to ro .. uh I don't know what they were going to do" and you never express that you were attacked, well that paints a different picture. Now I'll admit that this guy speaks with a very heavy accent so maybe he was struggling just to convey basic facts. That'd be a good argument for his attorney to make. OTOH according to the whio story all 3 teens were in a car when they were shot. If that's true that makes self defense pretty tough unless they had a gun. He never said anything about them having a gun, which is a big thing to not mention.

Anyway there are lots of facts yet to come in, but right now as a couple others have said this doesn't look great for the homeowner. Castle Defense is rebuttable, and may not apply here anyway (detached garage).

The article doesn't exactly say they were in the vehicle when they were shot, although they may have been. What it says is,

The garage was not secured. The three were in a car. The man heard voices and noises coming from the garage and went outside, armed, to see what was going on, the chief said.

It also says,

The man told emergency dispatchers two people had been trespassing in or near his garage when he fired the shots, Dayton police Lt. Steven Bauer said.

“What did you do, did you chase them?” the dispatcher asks. “You shot them?”

“Yes,” he replies. “They are in the garage.”

“You shot them with a gun … are they dead?” the dispatcher asked the caller.

“They are on the floor,” he states.

So at some point they got out of the car. It's not known from the article when that occurred. If they were in the homeowners car at the time and the car wasn't running IDK why someone would want to shoot someone unarmed while they were inside the car if you cared about the car at all, but some people do stupid things.

Regardless of whether it was legitimate self defense or not, this part here seems to indicate the homeowner could've saved himself a lot of potential legal trouble by just calling 911. OTOH, if he was normally armed 24/7 and just checking to see if he had left a light on in his garage, that would be a different situation.

The garage was not secured. The three were in a car. The man heard voices and noises coming from the garage and went outside, armed, to see what was going on, the chief said.

[catfish86]

There are a lot of facts that are yet to be known. My earlier post was just laying out some facts to give perspective. From a boarded up house sold for under 10k and generally looking at the Google Maps it is a run down neighborhood. One further clue is that the Google Maps picture is from 2015...our neighborhood updates about every year or two...is it so bad that Google Maps either doesn't want to or can't get somebody to do photos?

[M-Quigley]

Update: The two teens were shot in the back. Although that doesn't automatically mean it wasn't self defense it will appear that way to people who are uninformed about how self defense shootings sometimes happen.

Two teens killed last month after allegedly trespassing in a detached garage in West Dayton were both shot in the back, according to initial autopsy records reviewed by the Dayton Daily News.

Devin Henderson, 17, of Dayton, died after being shot twice in the back in a garage at 848 Conners St., according to crime scene and autopsy photos and Montgomery County Coroner’s Office records.

Javier Harrison, also 17, was struck by gunfire in his back, arm and thigh, the records show.

Linda Henderson, Devin Henderson’s mother, on Monday said it was heartbreaking to learn her son and his friend were shot in the back.

“That’s bad news for any parent to hear,” she said. “To me, it seems like they were just trying to get away.”

The problem is they could've been trying to get away it doesn't show at what point they started trying. Was it after they approached the resident and saw the resident was armed? If so they could've turned at the same time the shots were fired.

Dayton police Chief Richard Biehl on multiple occasions has said a new state law shifts the burden of proof in self-defense cases from the defendant to the prosecutors, which could affect this case.

“The burden is on the state to prove this was not self-defense — it’s a high standard,” Biehl said last month.

At about 9:30 p.m. Aug. 28, a resident of the home at 848 Conners St. says he heard noises and voices outside and saw a light from a car in his garage, police said.

Henderson and Harrison were shot and killed, and the third individual, 19-year-old Jashin Gibson, fled but then returned when police and fire crews arrived on scene, police said. Gibson was arrested for breaking and entering.

Gibson remains in the Montgomery County Jail on a probation violation related to a robbery conviction. The breaking and entering charge was cleared, jail records show.

Police said the detached garage was unsecured and open. The garage is about 15 feet from the home.

Henderson was struck by two bullets in the back, according to coroner records and photos.

One struck the left side of his upper back, and the other struck the right side, around the shoulder blade.

Crime scene photographs show Henderson’s body wedged between the far wall of the garage and a silver Lincoln Continental.

Harrison was struck by a bullet in the mid-section of the left back. It exited his chest and was recovered from his clothing, the initial autopsy report states.

He also was hit in the thigh and the left forearm, with the bullet exiting through his elbow.

Harrison’s body was found in the grass outside the garage, with his feet by the entryway, according to crime scene photos.

[DontTreadOnMe]

The problem is they could've been trying to get away it doesn't show at what point they started trying. Was it after they approached the resident and saw the resident was armed? If so they could've turned at the same time the shots were fired.

If all they did was approached him then the resident wasn't justified in shooting them in the first place (if castle doesn't apply, which I don't believe it does for an unattached garage), so it doesn't matter whether they quickly turned their backs after he started firing.

Even assuming those 2 unarmed guys were at some point legitimate deadly force threats to him, the idea that he got off 3 shots into the backs of 2 different guys as they both quickly turned away from him? No. I don't buy it and I doubt a jury will either.

Dayton police Chief Richard Biehl on multiple occasions has said a new state law shifts the burden of proof in self-defense cases from the defendant to the prosecutors, which could affect this case.

“The burden is on the state to prove this was not self-defense — it’s a high standard,” Biehl said last month.

Good. It's supposed to be. It's not supposed to be easy to put people in jail. Ohio prosecutors have had an unreasonably easy time doing so up until this year. Now they're using the same legal standard as in the other 49 states. Stop complaining about it Chief.

[M-Quigley]

The problem is they could've been trying to get away it doesn't show at what point they started trying. Was it after they approached the resident and saw the resident was armed? If so they could've turned at the same time the shots were fired.

If all they did was approached him then the resident wasn't justified in shooting them in the first place (if castle doesn't apply, which I don't believe it does for an unattached garage), so it doesn't matter whether they quickly turned their backs after he started firing.

There have been shooting situations where the unarmed suspects approached the armed defender for the purpose of getting his or her gun, and the shooting was ruled justifed.

Even assuming those 2 unarmed guys were at some point legitimate deadly force threats to him, the idea that he got off 3 shots into the backs of 2 different guys as they both quickly turned away from him? No. I don't buy it and I doubt a jury will either.

I've personally witnessed a cop fire 6 shots using a .38 revolver at a suspect in probably less than one second. Thankfully he didn't hit the guy at all, although he scared the heck out of him. If the 2 suspects were close together he could've hit both of them even unintentionally. All of this is mere speculation however. It will be interesting to see what actually develops, if the real facts can be obtained. There's been nothing reported on if the guy made a statement and if so what was in it. That is what seems to hang people up the most.

[M-Quigley]

Another update: It's become politized

https://www.whio.com/news/crime--law/ju ... e0ROnJ0GI/" onclick="window.open(this.href);return false;

‘No justice, no peace’ chants erupt during teen’s court hearing

DAYTON — A judge ordered that a 19-year-old friend of two teens shot to death in a West Dayton garage remain incarcerated for probation violations, prompting chants from some in the courtroom who demanded justice.

Jashin Gibson, who lives on South Euclid Avenue, will remain incarcerated as he is assessed to determine whether he is a candidate for community control sanctions, said his attorney, John Pinard.

Montgomery County Common Pleas Judge Dennis Adkins also ordered that Gibson undergo a screening for the MonDay Community Correctional Institution program.

Gibson, who has been in jail since late August, is expected to remain incarcerated for possibly seven weeks as the assessments are completed.

Gibson was sentenced to five years probation in July for his involvement in a robbery of a fast-food restaurant last year.

On Aug. 28, he was arrested after returning to the scene of a double homicide at 848 Conners St.

Gibson ran away from the property after a resident at the home shot and killed Gibson’s 17-year-old friends, Javier Harrison and Devin Henderson, who were allegedly trespassing, according to police and family members.

After the judge’s ruling Wednesday, audience members in the courtroom broke out in chants of “no justice, no peace,” and were accompanied out of the courthouse by sheriff’s deputies.

Linda Henderson, Devin Henderson’s mother, attended the hearing and said it’s not fair that Gibson remains locked up while the person who fatally shot her son and his friend in the back was never arrested or jailed.

“I am really heartbroken about this,” she said. “That boy has to do seven more weeks in there before anyone he can say something.”

She added, “He holds the key to what happened that night.

Gibson allegedly violated the terms of his probation by not abstaining from illegal drugs and alcohol; not following a curfew; and being in a place where illegal drugs, stolen property or firearms were present, according to court records.

He was on probation for his role in the November 2018 robbery of Wendy’s at 1507 Wayne Ave. in Dayton, according to Dayton Municipal Court records.

Gibson and two others robbed the Wendy’s, and Gibson pushed a worker into the business and ran to the back, an affidavit states.

Gibson’s attorney said the probation violation is related to his robbery conviction.

Pinard said Gibson could face prison time, but he hopes the court agrees that probation is appropriate.

“I’m trying to make it so he stays on probation,” Pinard said.

Pinard also said he plans to seek a bond reduction to get Gibson released. He said he does not believe Gibson will face any new charges related to the events on Aug. 28.

Gibson broke into tears after learning he was going back to jail and while he was being escorted out of the courtroom.

As this was happening, people in the audience started chanting and shouting out words of encouragement to him.

“We got your back, baby — don’t worry about it,” one woman called out.

Audience members, which included members of the Dayton chapter of the New Black Panther Party and some community activists, also protested outside of the courthouse while carrying signs demanding justice for Harrison and Henderson.

Donald Domineck, chairman of the Dayton New Black Panther Party, said they came to show support for Gibson, Harrison and Henderson.

Domineck said Gibson is being treated unfairly while the killer was allowed to go free.

Domineck said Gibson did not get to attend his friends’ funerals and has had to grieve while behind bars.
“We don’t think this charge is serious enough that they have to hold him in jail, especially in light of the fact that he lost his two best friends,” he said. “You seen him for yourself — he’s a little boy. You could do something as far as supervision from on the outside to let this man out of jail.”

[M-Quigley]

Update: charges dropped against 3rd teen involved, NAACP wants thorough investigation

https://www.whio.com/news/local/naacp-w ... F9EzUEuzI/" onclick="window.open(this.href);return false;

The third person there that night, 19-year-old Jashin Gregory Gibson, ran and and eluded the gunfire. He returned minutes later and was arrested. Friday, he remained in jail on a probation violation and has about six weeks before he is released. Police investigators dropped a charge of breaking and entering, stemming from the Conners Street homicides.

"One thing that we do know," the NAACP's Foward said at a news briefing Thursday night that included Gibson's family, we don't believe whatever took place in that garage should have led to murder. There were no other weapons found at the scene."

Davonna Henderson, the sister of Devin, accused the resident of sneaking up on the young men.

"You got up on these kids and shot them from the back," she said. "This was intentional. You knew what you were doing."
Devin's mother, Linda, said, "I just want justice for my baby and his friend. I just want [the resident] found guilty for what he did to our babies. I ain't gonna rest until I know this is…oh my goodness."

[M-Quigley]

Update: shooting now a campaign issue, local politicians want Ohio law changed

https://www.whio.com/news/local-govt--p ... lJyR4bgYM/" onclick="window.open(this.href);return false;

Although the Dayton City Commission candidates differ on a variety of issues, they were united during a candidate forum Tuesday when they were asked about two teens who were fatally shot in a West Dayton garage in August.

Incumbents Chris Shaw and Matt Joseph, and challengers David Esrati and Shenise Turner-Sloss all said they agreed that Javier Harrison and Devin Henderson were murdered.

Shaw, who is seeking a second term in office, said he agreed with the mayor, and called the shooting “terrible.”

He said the shooter should be held accountable, and so should state lawmakers for passing legislation that makes it harder to prosecute people responsible for gun violence.

“Who really needs to be accountable for that is the state Legislature that puts forward these ridiculous stand your ground-type laws that this person is hiding behind,” he said. “We have to make sure we push back against that.”

Joseph, who is seeking a fifth term in office, said stand your ground laws are irresponsible and wrong, and lead to violence like this.

Joseph said state and federal laws need to be changed, and this was absolutely murder, because the victims were shot in the back.

[catfish86]

The Stand Your Ground laws are not the same as the recent switch in burden of proof for self-defense.

This is a very difficult case either way. On one hand a guy shot at three unarmed men, hitting two of them in the back in an unattached garage. On the other hand upon investigating noises heard in a garage in a very bad neighborhood, a man is startled to see three men in the garage. Did he panic and shoot in fear?

[Gramps]

Someone torched the shooters house. Looked like a total loss.
A witness said he saw someone in a black car throw a can of something on the house and the fire started from what I remember of what I saw on the Dayton news just now.

[M-Quigley]

Update: Homeowner indicted.

https://www.whio.com/news/local/prosecu ... Q0t2LypKP/" onclick="window.open(this.href);return false;

Santana is in the Montgomery County Jail following his arrest on a warrant Thursday. Santana faces four counts of murder, five counts of felonious assault and one count of attempt to commit murder.

[kcclark]

https://www.whio.com/news/local/prosecu ... Q0t2LypKP/" onclick="window.open(this.href);return false;

She said the shooter should have called police when he heard noises outside or fired a warning shot.

Always want to be able to ask the person why they think the magical warning shot can never cause harm.

[M-Quigley]

Update: defendant wants statements to police and some evidence thrown out, claims language barrier and lack of knowledge of rights. 1st interview with police detectives done without an interpreter.

https://www.whio.com/news/crime--law/da ... 8VhUARXzM/" onclick="window.open(this.href);return false;

[WY_Not]

How do you get four counts of murder when two people were killed? And five counts of felonious assault when three people were shot at?

[Bruenor]

2 counts of first degree murder, and two counts of second degree murder, prosecutor hedging their bets, would be my guess. So premeditated vs malicious, trying for the higher sentence of the first degree charges, but doesn't believe he'll get it so the second set of 'lesser' charges. At least that's how I saw it on Matlock. IANAL

The assault charges are probably similarly stacked.