Legal experts explain if ‘Castle Doctrine’ can be applied to fatal double shooting case

Local News

GREENE COUNTY, Ohio (WDTN) – Friday afternoon, Lindsey Duncan detailed the moments he shot two attackers to protect himself and his wife outside their home Wednesday morning.

“He ran to my wife’s drivers side with a gun and held it about 10 inches from her head…It wasn’t just one shot or two shots, it seemed like 100 shots.”

‘It was instinct’; Homeowners speak following double fatal shooting in Greene County

Duncan, who has a CCW, exchanged gunfire with the male attacker and a female attacker just moments later.

Both attackers died from gunshot wounds. Authorities later identified the two victims as Cheryl Sanders, Duncan’s ex-wife– and Cheryl’s husband Robert.

Now, the Duncans will wait to see if they will face charges.

The main question in the investigation is whether they can claim self-defense in using deadly force.

“To me it seems pretty straightforward with the man. I’m not as sure with the woman…because she comes later,” explained Thaddeus Hoffmeister, professor of law at the University of Dayton. “So it will be interesting to see who engaged fire first.”

Hoffmeister also explains tha Ohio’s Castle Doctrine Law, which permits use of deadly force if protecting one’s home or car, will consider Lindsey’s mindset in the moment.

“This goes back to the mindset of the individual who fired the shots. Because…before you can use lethal force you have to believe that someone is going to cause you serious physical harm and or death,” said Hoffmeister.

While speaking openly about his quick decision to act, Duncan says he responded out of “pure instinct.”

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