Justifying Use of Deadly Force Difficult for Shooter

A Cincinnati man who shot and killed a teen told law enforcement that he was attempting to stop the young boy from stealing his car.

However, officials may decide that protecting his property is not enough of a reason to acquit Bennie D. Hall Jr. of all criminal charges.

In the next few days, prosecutors and police will determine whether or not Hall should be charged with murder after shooting and killing Quavale Finnell as he drove off in the stolen 1994 Ford Taurus.

Currently, under Ohio law, citizens have the legal right to protect themselves against bodily harm and to protect their property. But they are not permitted to use deadly force unless they believe they may be killed or seriously injured.

“If you’re in a fist fight, you can’t take out a rifle and shoot somebody,” says prosecutor Joe Deters, who claims the amount of force used should be dependant on the severity of the threat posed by the attacker.

According to Richard Goldberg, former president of the Greater Cincinnati Criminal Defense Lawyers Association, it would be hard to argue that Hall shot Quavale in self-defense if the teen was driving away in a care.

“You’re going to be hard-pressed to show self-defense,” he said. “You have to have an honest belief there was imminent danger of death or bodily harm.”

However, Goldberg adds that there are other factors that could influence prosecution’s decision to press charges such as: was Hall shooting to disable the car or kill the driver or was the car heading away from him or toward him?

Have you been accused of a crime? Please contact us today to speak with a qualified and experienced criminal law lawyer who can aggressively defend your legal rights and ensure you are not unduly punished.