State v. Amodei

Citations

• 2025 Ohio 4592

Syllabus

Jury instructions; self-defense; at fault; affray; initial aggressor; burden of production; sufficiency; abuse of discretion; R.C. 2901.05(B)(1); R.C. 2901.09(B). Judgment affirmed. Defendant-appellant was convicted of murder, felonious assault, and discharge of a firearm near prohibited premises after shooting the victim seven times following a verbal argument. The trial court did not abuse its discretion in refusing to give a self-defense jury instruction. Self-defense requires legally sufficient evidence on all three elements, beginning with proof that a defendant was not at fault in creating the affray. The evidence, including surveillance video and appellant's own testimony, viewed in the light most favorable to appellant, showed that the victim had made only verbal threats and displayed no weapon before appellant drew, racked, and pointed his firearm. Because appellant advanced toward the victim and escalated a verbal dispute into a deadly confrontation, the trial court did not abuse its discretion in finding appellant had not produced sufficient evidence to show he was not at fault in creating the situation giving rise to the affray. Because appellant failed to meet his burden of production on the first element of self-defense, the trial court properly refused the instruction.