Skip to comments.Ohio Supreme Court declines to hear Castle Doctrine appeal; Man who acted in self-defense is free
Posted on 02/10/2012 7:32:25 AM PST by marktwain
The Cleveland Plain Dealer is reporting that the Ohio Supreme Court (OSC) has declined to hear the case of a 55-year-old Cleveland homeowner convicted in Cuyahoga County Common Pleas Court last year of killing an intruder.
In 2010, Carl Kozlosky was convicted by a Cuyahoga County Common Pleas Court jury and sentenced last year to 18 years to life in prison for the shooting death of Andre Coleman on Sept. 20, 2009.
Last fall, the 8th Ohio District Court of Appeals ordered a new trial for Kozlosky, saying there was overwhelming evidence that he had acted in self-defense.
"Under the law, this was not a crime, and Mr. Kozlosky served a year in jail that in our view he should not have served," Kozlosky's appellate attorney, Timothy Sweeney, said at the time of the appeals court ruling in September, 2011.
According to The Plain Dealer, Kozlosky emptied a .38-caliber revolver into Coleman after Coleman broke into his house and began beating up Valerie McNaughton, who was Coleman's girlfriend. Kozlosky testified at trial that he thought Coleman was reaching for a gun when he fired, although no gun was found.
The article also quoted from court testimony which stated that Coleman, who had previously been convicted of aggravated murder, had been on an all-night crack binge when he broke down the back door of Kozlosky's Cherokee Avenue home to get money or drugs from McNaughton.
Citing Ohio's Castle Doctrine law, appellate judges Patricia Ann Blackmon, Kenneth Rocco and Eileen Gallagher seem to prefer the charges be dropped altogether. Prosecutors appealed the ruling, hoping to get it overturned. At the time of the appeal, Cuyahoga County Prosecutor Bill Mason said "I believe the Supreme Court should review this case to interpret the new law and clearly explain the use of the Castle Doctrine in Ohio."
And by refusing to hear Mason's appeal, that is exactly what the the state Supreme Court has done.
After the OSC's announcement, Cuyahoga County Assistant Prosecutors Matthew Meyer said "The Castle Doctrine gives a presumption people can defend themselves in their home. In some cases, the government has to overcome the presumption."
Added Timothy Sweeney, Koslosky's appellate attorney, "The Ohio Supreme Court's decision is certainly good news."
The Plain Dealer says prosecutors will review the evidence to determine if they will bring new charges against Kozlosky. He has been free since Nov. 2 after posting a $10,000 bond.
Chad D. Baus is the Buckeye Firearms Association Vice Chairman.
Those prosecutors need to be sued into tomorrow-morrow land.
In a rational world those prosecutors would be required to spend exactly the same amount of time in prison that the man they railroaded did along with being subject to Civil forfeiture of their assets.
If I had my way they’d be imprisoned, sued into bankruptcy, and their spouses and kids would be in the streets shivering and hungry.
But that’s just me, I guess....
Sounds like Cuyahoga County has a BAD outbreak of Nifong disease.
I do not understand the mentality we let prosecutors get away with. They are servants of the land. It used to be servants would get whipped, but now they are arrogant SOB lawyers who think they are kings.
The MD castle doctrine flat out denies the perp [should he survive] -and- his survivors [should he not] *any* legal redress at all.
I’ve said it before, I’ll say it again...
I do like the way you think. :-)
What am I missing here that the prosecutors ... who are investigating "other charges against Koslovsky" ...could possibly have? Simply astounding prosecutorial misconduct
The Prosecutor, Mason is apparently a run-of-the mill, ordinary corrupt Black-Pandering Cleveland Democrat. The County is facing at least one other multi-million dollar settlement for a wrongful prosecution under somewhat similar circumstances. You white ... you ain't all right! Full-(er) story:
This Prosecutorial office is composed of Affirmative Action Appointees and legal slobs. They cut Coleman loose on a deal to cop a plea, reducing the charges to "involuntary manslaughter" after this worthless junkie killed a man at a "party." This Koslovsky sure ain't no angel, but he is apparently a pretty good shot. No end of targets in Cleveland, "The Mistake on the Lake." Prime example of the coming Left Wing Police State. The Left Wing Affirmative Action Police and Prosecutors see their role as one of serving and protecting perpetrators and keeping the law-abiding in their proper subservient, tax-paying place.
Or, better yet; let a crack-head invade THEIR castle and beat them into a vegitative state.
A year in jail, the cost of trail, appeal and fighting an appeal by DA to State Supreme Court, plus posting whatever money is required to secure a $10,000 bond equals freedom and the opportunity for a “new trial” and going through the same thing, all in the name of self-defense.
The perp killed was on crack, had previously murdered and this is what Ohio does to someone who defends them self.
Wow what a state.
Northeast Ohio, Cleveland, Akron, Canton etc. is Ohio’s version of Chicago and Detroit style Democrats and the unions have been in charge for decades corrupt crony politics.
If someone broke into my house, started to beat up my wife, I would do the same thing!!
Shoot - Shovel - Shut up.
Corrupt prosecutors is the main reason I have changed my view on death penalty...With the internet we get to read about how they railroad people into prison..
They're sitting at a dinner table staring at a plate full of crow and they ain't wantin' to eat it. Shame too. They outta be behind bars staring at the same plate.
No, they should have to spend the year in prison that he did.
They should have to spend the time he was sentenced to in prison, 18 years to life.
The prosecutors need to be personally sued.....and bankrupted.