Mansfield, Ohio

From Newark’s CentralOhio.com of July 20, 2007

Judge: Shooting outside MedCentral was self defense

Kevin Teague acted in self defense when he shot a fellow Mansfield teenager in the face, according to Richland County Juvenile Court Judge Ron Spon.

The judge on Thursday acquitted the 15-year-old Teague of attempted murder and two counts of felonious assault. Spon found him guilty of carrying a concealed weapon.

The decision followed a three-day trial during which the Richland County Prosecutor's Office argued Teague shot and intended to kill Jacques Sutton outside MedCentral/ Mansfield Hospital on Feb. 18.

The judge didn't agree.

Spon said the prosecution failed to prove beyond a reasonable doubt that Teague intended to kill the victim.

"The defense ... successfully argued their case that what Kevin did was in self-defense," Spon said, claiming defense attorney Ralph Bove proved three specific points:

First, Teague was not at fault in creating the altercation between himself, the victim and four other juveniles accompanying the victim.

Spon cited testimony from witnesses saying the victim and his friends antagonized and bullied Teague for a lengthy period of time. On the day in question, one of the victim's friends got Teague to let his guard down, then punched him.

Second, Teague had a "bona fide belief of immediate danger and bodily harm requiring the use of force to escape."

Testimony and evidence indicated five juveniles pursued Teague and his acquaintance for at least one city block before getting to MedCentral. From there, security video shows five juveniles attempting to surround Teague to keep him from entering the hospital.

"The video was chilling," Spon said. "It was like watching sharks circle in for the kill. Frankly, the line (Sutton) said that they were only going to the hospital because they were hungry and wanted to use the vending machines to get something to eat was a ploy."

Third, the defense proved Teague did all he could to retreat from the altercation.

"This was a long pursuit," Spon said. "He was retreating the entire distance of at least one block."

Spon said Teague had the gun in his possession during the pursuit, but had it pointed down until the moment Sutton caught up to him outside the hospital entrance.

"The prosecution has argued that (the victim) had his hands out the entire time," Spon said. "But the video showed (the victim) had his right hand in his pocket," suggesting the victim had a weapon for which he was reaching.

"In short, Kevin was being relentlessly pursued by five people with the intent to cause bodily harm," he said. "The defense proved in that moment, his only means at hand was the use of force."
…

Spon ordered Teague, who spent 158 days detained in the Juvenile Justice Center, to be released into house arrest under the supervision of his family while a pre-sentence report is filed. Spon will sentence Teague on his concealed weapon conviction within 30 days.