OH:Self Defense Shooter's Gun Ordered Returned after 18 Months

The shooting occurred on October 19, 2012, at about 2:44 am and was a classic case of self defense and castle doctrine.   The deceased was a violent convict that had a long history of crime and fighting, and had alcohol, cocaine, and Oxycodone in his system when he was shot.

His relatives complained vigorously when they found out that he was shot, claiming that “they did not have to shoot him”.

On June 27, 2013, it was reported that Jack Dillon would not be charged.   A grand jury had determined that his decision to shoot Jeffrey Carson fell within the castle doctrine in Ohio.    It took over nine months for the investigation to work its way through the system.  Now, at the end of February, more than eight months later, a court has ordered that Mr. Dillon’s pistol be returned to him.  The prosecutors did not oppose the return of the .45:

Prosecutors didn’t oppose the return of the gun, which Dillon used to shoot 29-year-old Jeffrey Carson on Oct. 19, 2012, said Dillon’s attorney, Paul St. Marie.

 So why did it take eight months after the Grand Jury found that the shooting was justified to return the Dillon’s property, property that they had used to defend themselves, when on the very night of the shooting, they had been confronted by the relatives of the man that they had shot?

As the yelling continued, Jessica Dillon, who lives next door, called the police at 9:37 a.m. to report that the burglary suspect’s family members were outside 112 Water St. causing trouble, according to an Elyria police log. 

The couple yelled at Carson’s family to get off their property. Carson’s family members slowly backed away yelling that the Dillons didn’t have to kill their brother. 

Minutes later police showed up and de-escalated the situation and sent everyone on their way.

If the prosecutors had no problem with returning the Dillon’s property, why didn’t they do it eight months earlier?   It smells suspiciously of attempted legalized theft of firearms, an all too common practice in the United States.

If you have to go to the trouble of having a court order the return of your firearms, it often costs more than they firearms are worth.   Many people never bother.

Some states are addressing the problem with legislation.  Kansas bill  HB 2473 requires that if the owner of a firearm is acquitted of the charges, or if the charges are dropped, the firearm has to be returned in 30 days. 

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