Sean Donovan said he acted in self-defense when he shot a man last year after a confrontation on a West Price Hill cul-de-sac.
But at a bench trial in April, a judge found Donovan guilty of charges including felonious assault.
Both Donovan, who is 26 and had no previous criminal record, and the man he wounded, Antoine Daniels, had guns during an incident that began after Daniels confronted Donovan about his unleashed dog.
At Donovan’s sentencing Wednesday in Hamilton County Common Pleas Court, Judge Chris Wagner said his actions amounted to “vigilantism,” not self-defense. Wagner described Donovan’s gun as a “hand cannon with a laser sight.”
“It sure looked like you hunted him down,” Wagner said as he sentenced Donovan to nine to 10½ years in prison.
Wagner noted that Daniels did appear to provoke Donovan.
Even so, Wagner said, the way the state’s “stand your ground” law is written, he had to find Donovan guilty.
Donovan’s attorney, Brandon Moermond, said Donovan intends to appeal his convictions.
Donovan cried during parts of Wednesday’s hearing. He appeared to be trembling as Moermond talked about the appeal.
Shooting followed confrontation about dog
The shooting happened July 15, 2023. Daniels said he saw two children in the Delehanty Court cul-de-sac playing with a dog that he believed was aggressive. He determined the children were fine but eventually approached Donovan, who was the dog’s owner.
Prosecutors said the conversation quickly “escalated into a heated altercation.”
Daniels pulled out a gun from a bag he was carrying, and according to Moermond, “pistol-whipped” Donovan.
Daniels also pointed his gun at Donovan’s dog. An eyewitness said in a 911 call that Daniels threatened to kill Donovan.
Donovan then went inside his apartment and Daniels began walking away, prosecutors said.
‘A hand cannon’
But Donovan – holding the gun Wagner described as a “hand cannon with a laser sight” – came out of his apartment and went into the street.
Daniels testified that he saw a green laser light at his feet, ran for cover behind a car and pulled out his gun.
Eventually, according to Daniels, he believed the conflict had ended and he started walking toward his home. Donovan then fired one shot that struck Daniels in the arm.
An eyewitness testified that he heard Daniels say that “next time, he was gonna kill him.”
But prosecutors said any threats by Daniels were provoked by Donovan.
“Had the defendant allowed Mr. Daniels to continue on his way home, the series of events leading (to the shooting) would not have occurred,” prosecutors said in written closing arguments.
In court Wednesday, Donovan said he feels “terrible for what I did and what happened.”
This article originally appeared on Cincinnati Enquirer: Man sentenced in shooting that followed dispute about unleashed dog
Source Agencies