In Ohio anybody who shoots someone and claims self defense can potentially face charges even if it was in his own house or car. The castle doctrine is probably not a valid defense in this particular situation because the male defender was outside his car when he started shooting, but even so, the castle doctrine is not some "shoot someone and get out of jail free regardless of the circumstances" card.
For one real life example, a guy is telling the police that he shot at and missed a burglar. When the burglar saw the resident the burglar turned and ran toward a basement window, and was trying to go thru the window when the resident started shooting at the burglars backside. Fortunately the resident missed, because he told the police that he was shooting to keep the guy from getting away. The resident's admitted actions and statements invalidated a self defense claim under the castle doctrine, had he actually hit the burglar.
While the law professor is generally correct, one of his statements makes it clear to me that I would not want him as MY defense attorney if I needed one.Unlike the old Roy Rodgers TV shows, you do not have to wait until the attacker shoots at you in order to claim self defense in Ohio. If you do, and the attacker hits you, you've made the whole self defense issue irrelevant anyway. If the attacker does shoot first it would help to bolster your claim, but it's not required under the law. The circumstances of this particular case should make it pretty clear to most reasonable and prudent persons that the woman is a potential deadly threat regardless of whether she shoots first or not.Now, the Duncans will wait to see if they will face charges.
The main question in the investigation is whether they can claim self-defense in using deadly force.
“To me it seems pretty straightforward with the man. I’m not as sure with the woman…because she comes later,” explained Thaddeus Hoffmeister, professor of law at the University of Dayton. “So it will be interesting to see who engaged fire first.”And this part of the professors statement is true in Ohio regardless of the castle doctrine or not.Hoffmeister also explains tha Ohio’s Castle Doctrine Law, which permits use of deadly force if protecting one’s home or car, will consider Lindsey’s mindset in the moment. “This goes back to the mindset of the individual who fired the shots. Because…before you can use lethal force you have to believe that someone is going to cause you serious physical harm and or death,” said Hoffmeister.
I would be extremely surprised if there are any charges filed against the concealed carry holder in this case, given all the information that has come out so far. Obviously this could change if some startling new information comes out. Even on the remote possibility that charges are filed, there has been changes to Ohio law, and the bar to get a conviction is now higher than it was in the past.