Two teens fatally shot while trespassing in Dayton

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M-Quigley
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Two teens fatally shot while trespassing in Dayton

Post by M-Quigley »

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


There's not much information available right now but as more facts come out it could be more interesting.
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Re: Two teens fatally shot while trespassing in Dayton

Post by catfish86 »

If they were doing nothing more than walking on his property, the homeowner has a problem. But hopefully he has the sense to get a lawyer before he starts saying anything more.

My actions in the future are call the police, state I was defending myself and others, then call my insurance company to get the lawyer involved. If you are carrying, you should be insured...its less than you should be spending on range time and ammunition.
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Re: Two teens fatally shot while trespassing in Dayton

Post by M-Quigley »

Update: 911 call audio

https://www.whio.com/news/911-call-dayt ... zIR2eyzCM/" onclick="window.open(this.href);return false;
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Re: Two teens fatally shot while trespassing in Dayton

Post by qmti »

To be honest, the guy chose his actions poorly. He's in trouble unless the police find weapons in the car with the teens fingerprints on them. As far as the Castle Doctrine is concerned, I really doubt if it applies here.
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Re: Two teens fatally shot while trespassing in Dayton

Post by catfish86 »

In the second report it states the deceased were found in the garage. Listening to the recording this guy barely speaks English. Can't really place the accent as to where he is from. If they are in the garage and it is attached to the house, it may be they were attempting to break into the house. We will have to wait for more information.
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Re: Two teens fatally shot while trespassing in Dayton

Post by Cruiser »

catfish86 wrote:In the second report it states the deceased were found in the garage. Listening to the recording this guy barely speaks English. Can't really place the accent as to where he is from. If they are in the garage and it is attached to the house, it may be they were attempting to break into the house. We will have to wait for more information.
Photos on 7news last night. Detached garage with no door visible.
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Re: Two teens fatally shot while trespassing in Dayton

Post by Gramps »

Photos on 7news last night. Detached garage with no door visible
Not good news for the homeowner probably
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Re: Two teens fatally shot while trespassing in Dayton

Post by M-Quigley »

An interesting comment from a relative of one of the two deceased. :roll: Yes I know it's not attached to his house but still,

https://www.whio.com/news/local/teen-sh ... JUGx8noLP/" onclick="window.open(this.href);return false;

I just hope they go for what’s right,” she said. “What’s right and not because of some law telling people that basically if you see someone on your property… which even is a question if that’s considered part of his property


Also this comment from the police chief

https://www.whio.com/news/local/dayton- ... bBhaGlthJ/" onclick="window.open(this.href);return false;
“There was some drug activity occurring at that time” when the encounter occurred, Biehl said, “but exactly what they were doing, intending to do, is not clear.”
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Re: Two teens fatally shot while trespassing in Dayton

Post by M-Quigley »

UPDATE: Dayton Mayor declares homeowner guilty of murder :roll:

https://www.whio.com/news/crime--law/ma ... =cb_widget" onclick="window.open(this.href);return false;
DAYTON — Dayton Mayor Nan Whaley Wednesday night said she hopes the person responsible for killing two teens in his detached garage last week will be prosecuted despite Ohio’s new self-defense law.

Speaking after a Dayton City Commission meeting, Whaley said she believes the 17-year-old boys, Javier Harrison and Devin Henderson, were murdered.
Whaley said she hopes prosecutors find a way to bring charges against the property owner.

She said 17-year-olds make mistakes, but that does not mean they should have to lose their lives.

“I think there is more to the story, just from what we’re hearing around,” she said. “I hope they will be able to prosecute.”
Of course there is more to the story, which is why responsible polticians wouldn't assume innocence or guilt until all the facts are in. :roll:

Last night my granddaugher, who normally wants to watch cartoons, wanted to watch a documentary on a murder investigation, as she was interested in how the forensic scientists and detectives solved the case. The homeowners died because one of the owners confronted multiple burglars with a gun at close range but hesitated and did not shoot when one of the burglars lunged at him, took his gun away from him and killed him. I'm not saying that is what happened in this case, it's only an example that you can't assume innocence or guilt simply because the people getting shot might've been unarmed. IDK what went on that night and unless the Mayor knows some details not released to the public, neither does she or anyone else. Let the investigators do their job and keep opinion out of it.

And of course, some people are interjecting race into it. :roll:
Multiple people who spoke at the Dayton City Commission meeting Wednesday evening called on city officials, police leaders and prosecutors to hold the shooter accountable.

Two African-American males were killed, murdered, shot down — and the killer goes home to a relative,” said Bishop Richard Cox. “This is not open season on African-American young men in our communities.”

“We want justice,” he said. “We’re not here asking for justice — we’re here demanding justice.”

Cox said the shooter should be arrested, indicted, convicted and incarcerated. He said Harrison and Henderson were acting like teens, and it should not matter if they were drinking or smoking pot. The father of one of the teens said they were smoking marijuana.
So why did they go into that particular garage to smoke pot? Why even go anywhere? The city of Dayton recently said they were not going to prosecute marijuana possession anymore. Was it the homeowners pot? Was he their dealer or just someone who had pot in his garage? Just questions, not implying guilt or innocence of the homeowner.
A new state law shifts the burden of proving someone acted in self-defense from defense attorneys to prosecutors.
Late Wednesday night, Derrick Foward, president of the Dayton Unit of the NAACP, issued a statement regarding the deaths of Harrison and Henderson. Following is the complete statement:

“On behalf of the Dayton Unit NAACP, we are praying for the family members of Javier Harrison and Devin Henderson, who were killed at the hands of a non-responsible gun owner in his unoccupied garage. We urge Dayton Police Chief Richard Biehl to work relentlessly with Montgomery County Prosecutor Mat Heck to present charges and secure an indictment against the person responsible for this heinous act of violence. We demand that this person be prosecuted to the fullest extent of the law. We ask that any citizen who witnessed this shooting, or has information regarding this case, to report it to the Dayton Unit NAACP or local law enforcement. During this process, we urge our citizens to remain calm and vigilant.”
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Re: Two teens fatally shot while trespassing in Dayton

Post by qmti »

Not surprised by her comments (Mayor Nan Whaley). She is playing to her base after the meeting. She could know all the facts since she owns the Police Chief and it's just a matter of time before they figure out how to charge the guy. Regardless of the outcome, he chose his actions poorly.
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Re: Two teens fatally shot while trespassing in Dayton

Post by WhyNot »

It is extremely obvious that the mayor & friends has tainted the potential jury pool.
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Re: Two teens fatally shot while trespassing in Dayton

Post by qmti »

I haven't seen this anywhere, but since there has been such a outcry over this shooting I would imagine the shooter was a white man. If the homeowner was black, there still would be an outcry over this but would it be so much from the black community?
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Re: Two teens fatally shot while trespassing in Dayton

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https://www.google.com/maps/place/848+C ... -84.219449 This is a link to the house. The house is boarded up in the picture but you can zoom around to see the property. The garage is off of an alley behind the house. Not a place that someone would casually cut across and enter. The property is fenced off further precluding an unintentional trespass. On the other hand the garage is probably 40-50 feet from the house. I don't think Castle Doctrine would apply.

When you zoom around it is apparent that the alley dead ends into railroad tracks. There is really no reason to be back there unless you live there. The property was purchased in 2015 for $8,900.

The Google picture is dated October 2015, shortly after the purchase so it is open to question whether the boards are no longer on the windows. If they are (unlikely but) still there, one could believe the teens thought the garage was unoccupied.
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Re: Two teens fatally shot while trespassing in Dayton

Post by marca »

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”.
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Re: Two teens fatally shot while trespassing in Dayton

Post by DontTreadOnMe »

marca wrote: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).
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