The shooting occurred on October 19, 2012, at about 2:44 am and was a classic case of castle doctrine self defense. The deceased was a violent convict with a long history of criminal behavior. He had alcohol, cocaine, and Oxycodone in his system when he was shot. Still, his relatives complained vigorously when they found out that he was shot, claiming that “they didn’t have to shoot him” . . .
On June 27, 2013, it was reported that Jack Dillon, the home owner, would not be charged. A grand jury had determined that his decision to shoot Jeffrey Carson fell well within the bounds Ohio’s castle doctrine. It took over nine months for the investigation to work its way through the system. Now, more than eight months after the grand jury’s decision, a court has finally ordered that Mr. Dillon’s pistol be returned to him.
Prosecutors didn’t oppose the return of the gun, which Dillon used to shoot 29-year-old Jeffrey Carson on Oct. 19, 2012, said Dillon’s attorney, Paul St. Marie.
So why did it take eight months after the grand jury’s ‘no bill’ to return Dillon’s property – property he had used to lawfully defend himself? Dillon had dealt with threats since the shooting. He’d been confronted by Carson’s relatives the next morning.
As the yelling continued, Jessica Dillon, who lives next door, called the police at 9:37 a.m. to report that the burglary suspect’s family members were outside 112 Water St. causing trouble, according to an Elyria police log.
The couple yelled at Carson’s family to get off their property. Carson’s family members slowly backed away yelling that the Dillons didn’t have to kill their brother.
Minutes later police showed up and de-escalated the situation and sent everyone on their way.
If the prosecutors had no problem with returning the Dillon’s property, why didn’t they do it eight months earlier? It smells suspiciously of attempted legalized theft of firearms, an all too common practice. If you have to go to the trouble of having a court order the return of your firearms, it will almost certainly cost more than the firearms are worth. Many people never bother.
Some states are addressing the problem with legislation. Kansas bill HB 2473 requires that if the owner of a firearm is acquitted of charges or if the charges are dropped, the firearm must be returned in 30 days. Something that shouldn’t require a law to accomplish.
©2014 by Dean Weingarten: Permission to share is granted when this notice is included.