Castle Doctrine law helps homeowners who suffer home invasions in Toledo and Columbus

by Chad D. Baus

WBNS (CBS Columbus) is reporting that an eastside apartment resident fired at burglars inside his home early Wednesday morning, April 24.

Under Ohio's Castle Doctrine law, if someone unlawfully enters or attempts to enter an occupied home or temporary habitation, or occupied car, citizens have an initial presumption that they may act in self defense, and will not be second-guessed by the State.

A recent Castle Doctrine case in Toledo is also making headlines.

From a Toledo Blade article entitled Law allows homeowner's self-defense:

The jolting sound of a door being kicked in is both unexpected — and terrifying.

A suddenly awakened homeowner jumps up to investigate, finds not only a door open but hears the sound of glass breaking.

Someone is trying to break out a window. A door is already open: Is someone else in the house?

The resident calls out a warning, "I have a gun." The would-be intruder ignores him, continues to smash away at the window. He warns him again and ultimately fires at the intruder, killing him.

After this scenario, which was played out in a West Toledo neighborhood a week ago, those who knew the "intruder" in the case — a Central Catholic High School and University of Toledo graduate with no criminal history — wondered just how Lucas Hassen, 24, could wind up dead outside a stranger's house.

Sgt. Joe Heffernan said police are awaiting the results of toxicology tests on Mr. Hassen in the hope they may help explain his behavior, but in the meantime it appears homeowner Bryan Loyer’s decision to shoot the intruder likely was a case of self-defense, which is protected by Ohio's "Castle Doctrine."

"After viewing all the evidence that we have right now, it appears as though the homeowner was in fear for his safety and acted in self-defense," Sergeant Heffernan said...

Unfortunately, The Blade article contains some inaccurate information, including a statement that the "Castle Doctrine" law removed the duty of homeowners to retreat in such situations. There was already no duty to retreat in one's home or business before Castle Doctrine. That law was necessary to restore the status of a homeowner who acted in self-defense as innocent until proven guilty. The law gives a person who acts in self-defense the benefit of the doubt when they injure or kill a person trying to illegally enter their home or car (but not business, as was reported in The Blade).

Jim Irvine, chairman of the Buckeye Firearms Association, a gun-rights advocacy group, said the law has given homeowners the presumption of innocence — something that had been lacking in such situations before 2008. Still, he said, he often tells gun owners who ask, "Can I shoot someone?" that they're asking the wrong question.

"The question is, 'Do I have to shoot someone?'" Mr. Irvine said. "If you have to shoot someone to stay alive or keep a family member alive or keep a family member from being critically injured, do it. If you don't have to, don't go down that road.

"It's a decision you have to live with, too," he said.

Chad D. Baus is the Buckeye Firearms Association Vice Chairman.