State v. Kozlosky

195 Ohio App. 3d 343 (2011)

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State v. Kozlosky

Ohio Court of Appeals
195 Ohio App. 3d 343 (2011)

  • Written by Sharon Feldman, JD

Facts

Carl Kozlosky (defendant) was a laid-off engineer, part-time professor, and veteran. Kozlosky rented the upstairs of his home to Valerie McNaughton and permitted Andre Coleman, McNaughton’s boyfriend, to move in. Kozlosky evicted Coleman because of Coleman’s frequent disruptive fights with McNaughton. McNaughton warned Kozlosky that Coleman had convictions for killing someone and carrying a concealed weapon. One night, McNaughton joined Coleman in partying at a motel. McNaughton left after arguing with Coleman. McNaughton told Kozlosky Coleman was angry and would be there shortly looking for her. When Coleman arrived, he kicked out the bottom panel of Kozlosky’s locked door. Coleman left upon hearing the police had been called. Coleman returned and entered the house again, and when Kozlosky demanded he leave, Coleman asked Kozlosky if he wanted to “shoot it out.” Coleman held one hand behind his back, signaling he had a gun. Coleman left when he could not find McNaughton. When Coleman returned and entered a third time, he started beating McNaughton. Kozlosky demanded he stop. Coleman reached behind his back for his gun. Kozlosky fired two shots at Coleman and fired again while Coleman lay on the floor. A jury convicted Kozlosky of murder. Kozlosky appealed.

Rule of Law

Issue

Holding and Reasoning (Blackmon, J.)

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