DAYTON, Ohio (WDTN) – 2 NEWS learned that the 16-year-old recently killed during that attempted robbery was shot multiple times, though the Montgomery County Coroner declined to say the exact number of times Isiah Haggins Jr. had been shot.
2 NEWS is asking how is self defense is defined under Ohio law.
In 2008, Ohio passed the Castle Doctrine which allows you to use deadly force when confronted with deadly force in your home or vehicle. But for the workplace, Ohio still upholds its century old defense, but beyond a reasonable doubt.
It’s been nine months since Tom Mauro drew his gun and shot one of two would be robbers at the Third Base Drive-thru in Dayton.
“They came in through back garage door,” Mauro said. “I was in my office [and] saw it happening in security monitors. My first thought was this isn’t happening. one kid had his arm in the air with a gun.”
Mauro shot one of the intruders and they both ran. The injured suspect didn’t make it far from Mauro’s Linden avenue property. Both were arrested and are now in prison.
After an investigation, Dayton police told Mauro that he was perfectly within his rights to defend his store.
In Ohio, each case is different and is judged on its specific facts. The law for a workplace, such as the Third Base Drive-thru, reveals property can be protected.
“Prove that not only was there a threat, but that threat was of a serious bodily harm and had duty to retreat. Self defense was the last resort,” explains Erik Blaine, former Shelby County prosecutor.
Blaine also says brandishing a firearm creates a threat of serious bodily harm and there is the right to defend yourself to meet the criteria of the law.
Dayton police are still working out the details of the shooting at the Step N Style store.