Even if this was a domestic, was there more to the story? Did the girlfreind claim that it was "just an argument"?
Wait a minute. There has to be more to this story.
FYI
“....emptied his .38-caliber revolver into Coleman...”
How much time between the first and last shot? I suspect this may be the issue here, but I don’t pretend to know.
As best I can find...
The Appeals Court ruled very strongly that the defendant needed to be found innocent, although they lacked the authority to release him. The prosecutor appealed, saying the Appeals Court didn’t understand the Castle Doctrine. The state Supreme Court rejected that argument, so now the prosecutor needs to try him under rules that will most likely result in a release, or just release him.
http://blog.cleveland.com/metro/2011/09/appeals_court_overturns_murder_1.html
Sounds like the defendant is a scumbag as well, but even scumbags have the right of self defense.
I suspect there's also a racial component to the case. Kozlosky is white, and it sounds like the shot thug is black, which could be an issue given Cleveland's demographics.
I had a conversation with an officer who worked the area about a transient, meth-head I saw all the time around the college where I worked. I made a comment that I would probably have to take him out if he entered one of our buildings. He said absolutely no. Always call the police. They had dealt with him before and he possessed superhuman strength when he was high. He said pepper spray made no impression, so I could imagine hitting center of mass several times on this guy without seeing a change in his demeanor.
States and municipalities have to be liable for all costs and attorney fees in these castle doctrine / home cases.
the case NEVER should have been brought.
since prosecutors will not learn, then they should be forced to pay out of their budgets until they learn.