Headline: Castle Doctrine clears brothers of murder

by Chad D. Baus

WDTN (NBC Dayton) is reporting that Ohio's Castle Doctrine law helped two Clark county brothers to be found not guilty after they were prosecuted for defending their lives when attacked by an armed robber.

From the article:

Jordan and Anthony Hottenstein were found not guilty of murder Wednesday.

Their lawyer, Richard Mayhall, successfully argued that the brothers had a right to shoot Jamez Hall during an altercation in July 2011.

"They were in their car and the evidence showed that a robbery was taking place. The judge told the jury that the defendant was acting in self defense," Mayhall said.

The Castle Doctrine says that your home or your car is your castle and you have the legal right to defend it.

In the Hottenstein case, authorities found a semi-automatic weapon with a round in the chamber on Jamez Hall at the time of his death.

"It's a tragedy, but there was evidence that the deceased had been talking with his associates that day about robbing the Hottensteins. So that, combined with the gun, made it very clear that a robbery was under way," Mayhall said.

Under Ohio's Castle Doctrine law, which took effect in 2008, if someone unlawfully enters or attempts to enter the owner's occupied home or temporary habitation, or occupied car, citizens have an initial presumption that they may act in self defense.

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