Can Nasser Hamad use Castle Docrine in his defense?

WARREN — After a deadly shooting outside a home in Howland, questions have been raised as to whether the homeowner charged with killing two young men and injuring three other people could justify his actions by claiming self-defense.

The homeowner, Nasser Hamad, 47, is charged with two counts of aggravated murder and several counts of attempted aggravated murder and could get the death penalty if convicted. He’s accused of shooting the five Feb. 25 after they came to his house on state Route 46 because of earlier conflicts.

Hamad and Atty. Roger Bauer argued during hearings last week that Hamad acted in self-defense.

“My client was at his house, he was attacked by five people, he protected himself,” Bauer said. “My client, they broke his arm, they beat him, they knocked him on the ground.”

Police and prosecutors, however, have said Hamad wasn’t justified in using deadly force against the five, two of whom argued with Hamad in taunting Facebook messages earlier in the day.

A document filed in Trumbull County Common Pleas Court says Hamad came out of the house when the five arrived in a van. It says John Shively, 17, and Hamad had a fist fight. After that, the five went back to the van.

It says Hamad went in his house, got a gun, walked back outside and fired about 10 shots at the five people.

When the bullets ran out, Hamad went back into the house, got another ammunition clip, went back to the van and fired more shots. Prosecutors said no guns were “presented or used” during the earlier fist fight.

Killed at the scene was Joshua Haber, 19. Josh Williams, 20, of Woodbine Avenue, died later at a hospital. Bryce Hendrickson, 20, and Shively survived, along with April Trent-Vokes, 42, who police say drove the four men to Hamad’s home. Hendrickson and Trent-Vokes suffered serious injuries but are improving.

Atty. J. Dean Carro, emeritus professor of law at the University of Akron, and David Betras, a local attorney, say the Castle Doctrine in Ohio law is likely to play a role in Hamad’s defense. The doctrine became law in 2008.

Under that law, if someone unlawfully enters or attempts to enter an occupied home or occupied car, citizens may act in self-defense, and will not be second-guessed by the state, according to the Buckeye Firearms Association.

Although Carro says he doesn’t think the Castle Doctrine will help Hamad, Betras says he thinks it could.

For the complete story, read Sunday's Vindicator and Vindy.com