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neighbor charged with murder after intervening in domestic dispute

2K views 26 replies 21 participants last post by  taylces 
#1 ·
Be careful when or if intervening in a third party situation. Not enough facts available at the moment to say whether this is a legit shoot or not. There has been a change in the law however that some attorneys and cops here are still not aware of, as I found out recently in a discussion with someone locally. The law used to be that if you claimed self defense or defense of an innocent third party the accused had to basically prove their innocence, unless they were in their vehicle or house. Now you are innocent until proven guilty, and the prosecution has to prove that it's NOT a case of legit self defense by a preponderence of the evidence. Some prosecutors hate the change in the law, as you can imagine.

https://www.news5cleveland.com/news...y-intervening-in-domestic-dispute-killing-man


MANTUA TOWNSHIP, Ohio – A 27-year-old man from Portage County is charged with murder after he allegedly intervened in a dispute happening between his neighbors, shooting a man.

Randon C. Leonard, 27, of Mantua Township, was charged with murder.

On Thursday at around 7:25 p.m., deputies from the Portage County Sheriff’s Department responded to Robin Trailer Park, 3218 State Route 82, in Mantua Township.

A man was found dead in the street with apparent gunshot wounds.

Preliminary information revealed a domestic dispute was happening between the male victim and his girlfriend, at which time Leonard allegedly intervened and shot the victim multiple times.
 
#5 ·
Just one of the reasons I am and would be a good witness. This happened in the area I grew up. The town is pronounced "Man-a-way."
 
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#7 ·
Heh, heh, heh. We have towns in Ohio which pronounce their names funny - Russia - Rue-she for example. But nothing compares to Leominster in Massachusetts. Lemon stah.
 
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#8 ·
Or Worcester- Wis-tah...
 
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#10 ·
I've been in that situation before. I was at a complete loss other than to dial 911. The guy was screaming at her and shoving. It turned out 5 people called 911 and they were there quick. I'm only 4 blocks from the station. I've seen this guy in the past punch someone in the face that tried to intervene and all it did was escalate the situation. He toned it down this year. He found both neighbors on each side of him has a CHL and the police have had it with him. He's about a block from me.

Maloy
 
#12 ·
It will turn the shooter was spending some time with the woman. At least that is the movie plot. :)
 
#15 ·
It was not self defense, I personally knew the victim very good. I was not in Portage county when the murder happened but one of the detectives interviewed me as to background on the victim. He worked for me. The murderer shot him from his porch, then walked out to the street after he was laying on the ground, stood over him and shot him several more times. The murderer shot him once in the chest before standing over him and shooting him 4 more times in the chest as he was laying in the street. The victim did not have any weapons of any kind on him. This is stated in the charges filed by the county sheriff dept. Also there is a witness other than the murderer, his girlfriend, the victim and his girlfriend. The witness saw the murderer shoot the victim and than stand over him and shoot 4 more times.

The murderer is in jail with bond set at 1 million dollars. All the evidence was turned over to the prosecutor any will be going before the grand jury.
 
#17 ·
Whew...do you guys have capital punishment? He sounds like a candidate.
 
#16 ·
In Alabama...... If your neighbor is physically assaulting his wife, you have every right to intervene without fear of prosecution. Depending on the severity of the assault you may use deadly force in defense of her........

Section 13A-3-23Use of force in defense of a person.(a) A person is justified in using physical force upon another person in order to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he or she may use a degree of force which he or she reasonably believes to be necessary for the purpose. A person may use deadly physical force, and is legally presumed to be justified in using deadly physical force in self-defense or the defense of another person pursuant to subdivision (5), if the person reasonably believes that another person is:
(1) Using or about to use unlawful deadly physical force.
(2) Using or about to use physical force against an occupant of a dwelling while committing or attempting to commit a burglary of such dwelling.
(3) Committing or about to commit a kidnapping in any degree, assault in the first or second degree, burglary in any degree, robbery in any degree, forcible rape, or forcible sodomy.
(b) A person who is justified under subsection (a) in using physical force, including deadly physical force, and who is not engaged in an unlawful activity and is in any place where he or she has the right to be has no duty to retreat and has the right to stand his or her ground.
 
#21 · (Edited)
Every time I think of getting involved in a third-party situation, I am reminded of Idaho Statute 18-4009.
This law limits the third parties you can help in resisting an attempt to be murdered or have great bodily injury done to, or to stop the commission of a felony on to a wife, husband, parent, child, master, mistress, or servant of the actor (shooter).
Pretty much eliminates any problems in a third party situation.
Plus, I always felt it was best to let police sort out a third party situation.

P.S.: I always bring up this statute in a concealed weapons permit class when discussing third party situations as the best way to stay out of sticky situations. And yes, I get plenty of arguments about it, as Arizona is a "put yourself in the third parties shoes and ask yourself, 'What you would do?' " state. Again, I bring up the Idaho statute, and how you can get sued and/or arrested for "helping" a third party.
 
#22 ·
Besides the situation to begin with, what gripes me is all the different laws in different states.

States Rights are in many ways a poor way to govern (something that MAYBE made sense when folks never left a given area). Pretty much we live or travel all over the country now (need dome uniform laws).
 
#23 ·
I was a bouncer back in the late 70's-early 80's. I had to step into a bad, physical fight between a guy and his wife, in the bar. He was punching and kicking her, beating her pretty bad. When I had him restrained and outside the door, SHE attacked me! People are weird. Some laws are weird.
 
#24 ·
Domestic disturbances are some of the most dangerous events for LE. Then when they intercede and stop the violence, the spouse who is typically standing there bruised, bloody and with possible broken bones will NOT press charges against the wife beater. They are Stockholm syndrome people making excuses or accepting blame for "causing" the abuser to beat up on them.
 
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