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  1. #1
    Join Date
    Dec 2005
    Waynesville Ohio

    Default Ohio Revised Code 2923.161 - Convicton or Acquittal?

    Can an individual be found not guilty by a jury of this charge but in the same context be found guilty also? I know this sounds crazy but I know someone who went through this... He was found not guilty of discharge of a firearm by the jury but found guilty of complicity which has the same civil code. Is this a misrepresetation of this code? There was no firarm specification-no guns found on porperty and no witness's came forward to ID him, but the only thing they had was Cops testifing and they lied. It camre down to who was more popular the cops or the defendant. It is sad what this world is coming too!

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Discharge of Firearm

    Quote Quoting Ohio Code - Crimes-Procedure ยง 2923.161. Improperly discharging firearm at or into habitation; school-related offenses.
    (A) No person, without privilege to do so, shall knowingly do any of the following:
    • (1) Discharge a firearm at or into an occupied structure that is a permanent or temporary habitation of any individual;

      (2) Discharge a firearm at, in, or into a school safety zone;

      (3) Discharge a firearm within one thousand feet of any school building or of the boundaries of any school premises, with the intent to do any of the following:
      [list:e95de86b46](a) Cause physical harm to another who is in the school, in the school building, or at a function or activity associated with the school;

      (b) Cause panic or fear of physical harm to another who is in the school, in the school building, or at a function or activity associated with the school;

      (c) Cause the evacuation of the school, the school building, or a function or activity associated with the school.
    [/list:u:e95de86b46](B) This section does not apply to any officer, agent, or employee of this or any other state or the United States, or to any law enforcement officer, who discharges the firearm while acting within the scope of the officer's, agent's, or employee's duties.

    (C) Whoever violates this section is guilty of improperly discharging a firearm at or into a habitation, in a school safety zone, or with the intent to cause harm or panic to persons in a school, in a school building, or at a school function or the evacuation of a school function, a felony of the second degree.

    (D) As used in this section, "occupied structure" has the same meaning as in section 2909.01 of the Revised Code.
    It sounds like he was acquitted of personally firing the gun, but convicted as an accessory.

  3. #3
    Join Date
    Dec 2005
    Waynesville Ohio

    Default How?

    How can you be found as an accessory to a crime when their was no evidence. Remember no one came forward to say he did it, and the fact that no firearms were found (no gun) no shot? You have to have a gun of somekind to be found guilty of complicity on discharge of a firearm duh! I set through the whole trial and heard everything not even the police fingered him, the only thing close was that a neighbor to the east of him stated that he heard shots fired but wasn't sure it came from his property. So again I am well aware of what the statute says, My question was... Was this a misrepresentation of the statute for a prosecutors office to satisfy a community... the jury was instructed like he had to be found guilty of one or the other... I do not think justice was served here. And to put the icing on the cake ... Gunshots are still going off in the direction of the house hit and this gentleman is in jail so I ask again was the classic "jumping the gun" to get a conviction? Hum I wonder.

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