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Saturday, June 29, 2002

Jury agrees shooting was self defense




By Dan Horn, dhorn@enquirer.com
The Cincinnati Enquirer

        A Cincinnati man was found not guilty of murder Friday after a jury concluded he was defending himself when he shot a man twice in the back.

        Darrell Coad, 21, had argued that his life was in danger when he opened fire Nov. 21 on Michael E. James Jr.

        He claimed that Mr. James, who had just been released from prison, had severely beaten him the day before and would have killed him if he had not acted first.

        Mr. Coad's attorney, Kenneth Lawson, told the 12 jurors in Common Pleas Court that his client had to choose between murder charges or his own funeral.

        “It's better to be judged by 12,” Mr. Lawson said, “than carried out by six.”

        Hamilton County prosecutors had argued that Mr. Coad hunted down Mr. James and shot him in retaliation for the argument the day before.

        They noted that of the three shots Mr. Coad fired, two struck Mr. James in the back.

        The shooting occurred at 11:25 a.m. in the street in the 1400 block of Vine in Over-the-Rhine. Mr. James, 24, was pronounced dead shortly after arrival at University Hospital.

        Police said the two men had been seen arguing about 10 minutes before the shooting.

        Mr. Lawson said Mr. James attacked his client because he thought Mr. Coad had broken into his car while he was in prison.

        Mr. Coad bought a gun for protection and was attempting to get out of the neighborhood when he again encountered Mr. James, Mr. Lawson said.

        He said Mr. Coad was convinced that Mr. James, who was unarmed, intended to kill him.

        “Whether he was armed or not, I wouldn't take any chance with him,” Mr. Lawson said.

       



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