[Cite as State v. Wilson , 2022
- Ohio
- 3801.]



### IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO

STATE OF OHIO , Plaintiff

- Appell ee ,

VS
.

JEREE WILSON , Defendant

- Appel lant

. :

:

:

:

:

: APPEAL NO. C

- 21 0 535 TRIAL NO. B

- 2005960

O P I N I O N.

Criminal Appeal From: Hamilton County Court of Common Pleas Judgment Appealed From Is: Affirmed Date of Judgment Entry on Appeal: October 26 , 2022
Joseph T. Deters , Hamilton County Prosecuting Attorney , and Keith Sauter , Assistant Prosecuting Attorney, for Plaintiff

- Appell ee , John D. Hill

, Jr. , for Defendant

- Appel lant

.OHIO FIRST DISTRICT COURT OF APPEALS

2 B ERGERON , Presiding Judge. 

### {¶1} In early October of 2020, shots rang out in the Hawaiian Terrace apartment complex. After hearing multiple g unshots and seeing the father of her children, Sherron Peoples, burst through the door with a bloodied hand, defendant

appellant Jeree Wilson grabbed her 9 mm handgun, went outside her re sidence, and fired multiple shots into the night

. 

### {¶2} After police arriv ed on the scene, they discovered a bullet in the front door of a residence across from Ms. Wilson’s apartment. Ms. Wilson was eventually indicted for one count of improperly discharging a firearm at or into a habitation in violation of R .C. 2923.161(A)(1) . Following a jury trial in which Ms. Wilson argued that she acted in self

- defense, the jury found her guilty as charged. She now appeals, asserting in her sole assignment of error that the jury’s rejection of her self

- defense claim ran counter to the ma nifest weight of the evidence. We dis agree , however, and affirm the trial court’s judgment

. I.


### {¶3} At around 10:30 p . m . on an October night, Ms. Wilson was relaxing inside her residence while Mr. Peoples left to take their dog on a short walk

. Shortly there af ter, the sound of multiple gunshots drew her to the front door. As Ms. Wilson opened the door, Mr. Peoples raced into the apartment bleeding from his hand with their dog trailing him , with bullets flying in and hitting her living room wi ndow. Ostensibly fearing for her safety, Ms. Wilson retrieved a 9 mm semiautomatic handgun she kept upstairs and , although she did not see the shooter or his location , she went outside her apartment and fired her gun multiple times down the driveway in the general directio n from where she believed the bullets originated

.OHIO FIRST DISTRICT COURT OF APPEALS

3 

### {¶4} This barrage of gunfire attracted the police’s attention. Around 11:00
p . m . , the Cincinnati Police Department received multiple calls about shots fired in the
Hawa iian Terrace housing complex. Two of the calls came from the unit wh ere a bullet was later found lodged in the front door. Upon arrival, police found their way to the residence of Ms. Wilson and her family , observing a collection of empty shell castings and a trail of blood leading onto the fro nt of the residence. 

### {¶5} For about half an hour , officers stationed themselves at the front and rear doors of the residence and knocked with no response. After a crowd gathered near the building, a relative of one of t he occupants stepped forward , indicating that the people inside were “ spooked ” by the presence of armed police officers (a fear amplified by the initial shooting) . Eventually, after some negotiation, Ms. Wilson, Mr. Peoples, and their children stepped out of the residence with their hands up. 

### {¶6} Wh ile speaking with a detective, Ms. Wilson shared her story: she had heard multiple gunshots, saw Mr. Peoples return with a bloodied hand, retrieved her own gun, and fired multiple shots towards the area in which she believed the shooter to be . Eventually, Ms. Wilson executed a signed consent with the police to search her residence, allowed the officers to take photographs of the inside of her home, showed the officers her handgun, and submitted to an audio

- recorded interview. During their investigation, p olice found multiple bullet holes in the walls inside the residence of Ms. Wilson, seemingly corroborating her account of the affair. The officers also spoke

to the resident across from Ms. Wilson’s apartment , who i ndicated that her front door had been hit by a bullet. 

### {¶7} The police ultimately determined that the bullet that struck the door of neighboring apartment building came from Ms. Wilson’s handgun. She was arrestedOHIO FIRST DISTRICT COURT OF APPEALS

4 and indicted on a single second

- degree felony count of improperly discharging a firearm at or into a habitation. 

### {¶8} At trial, the court instructed the jury as to the law of self

- defense and defense of others after Ms. Wilson met her burden of production. Nevertheless , the jury rejected the self

- defense claim and found her guilty of the firear ms offense

.

II. 

### {¶9} Generally, it is not a good idea to fire a gun indiscriminately out into the night, particularly in a residential area. R.C. 2923.161(A)(1) prohibits any person without privilege to do so from knowingly “discharg[ing] a firearm at or into an occupied structure that is a permanent or temporary habitation of any individual.” However, R.C. 2901.05 (B)(1) allows a defendant to present evidence at trial that tends to support t heir use of force against another in self

- defense or in defense of anoth er. State v. Smith , 1st Dist. Hamilton No. C

- 190507, 2020
- Ohio

- 4976, ¶ 49. 

### {¶10} “ The elements of self

- defense in the use of deadly force are : (1) the defendant was not at fault in creatin g the situation giving rise to the affray; (2) the defendant had a bona fide belief that she was in imminent danger of death or great bodily harm and that her only means of escape from such a danger was in the use of such force, and (3) the defendant did n ot violate any duty to retreat or avoid the danger.” Id. at ¶ 48 , citin g State v. Barnes , 94 Ohio St.3d 21, 24, 759 N.E.2d 1240 (2002). Once an initial showing of self

- defense is made, the burden of persuasion requires the state to disprove at least one of the elements of self

- defense (or defense of another) beyond a reasona ble doubt. Id. at ¶ 49. 

### {¶11} On appeal, Ms. Wilson frames this point as a manifest weight problem. In reviewing whether the conviction runs counter to the manifest weight of theOHIO FIRST DISTRICT COURT OF APPEALS

5 evidence, we sit as a “thirteenth juror.” State v. Thompkins , 78 Ohio St.3d 380, 387, 678 N.E.2d 541 (1997). In other words, we review the evidence, the credibility of witnesses, and the entire record. Id. But we will only reverse if the trial court “ ‘clearly lost its way and created such a manifest miscarriage of justice that the conviction must be reversed and a new trial ordered.’ ” Id. , quoting State v. Martin , 20 Ohio App.3d 172, 175, 485 N.E.2d 717 (1st Dist.1983). “ ‘When conflicting evidence is presented at trial, a conviction is not against the manifest weight of the evi dence simply because the trier of fact believed the prosecution testimony.’ ” State v. Robinson , 12th Dist. Butler No. CA2018

- 08

- 163, 2019

- Ohio

- 3144, ¶ 29, quoting State v. Lunsford , 12th
Dist. Brown No. CA2010

- 10
- 021, 2011
- Ohio

- 6529, ¶ 17. 

### {¶12} Importantly, M s. Wilson does not dispute that a bullet from her gun struck the door of her neighbor’s residence

-- she only takes issue with th e jury’s determination that she did not act in defense of herself or her family. For its part , the state on appeal does not disp ute the first or third element of Ms. Wilson’s self

- defense argument: whether Ms. Wilson was at fault in creating the situation or whether she violated any duty to retreat. However, the parties disagree about the second element

— whether Ms. Wilson possesse d a bona fide belief of imminent danger and that the use of such force represented her only means of escape. 

### {¶13} The second elemen t of self

- defense involves both objective and subjective considerations. Smith , 1st Dist. Hamilton No. C

- 190507 , 2020
- Ohio

- 4976

at ¶ 56, citing State v. Vanover , 1st Dist. Hamilton No. C

- 990104, 2000 Ohio App.
LEXIS 4469, *3 (Sept. 29, 2000). A defendan t’s belief that she was in immediate danger of death or great bodily harm must be objectively reasonable, and the defendant must h ave an honest belief that she sat in such danger. Id. “ [ I ] f theOHIO FIRST DISTRICT COURT OF APPEALS

6 objective standard is met, the jury must determine i f, subjectively, this particular defendant had an honest belief that she was in imminent danger." State v. Thomas , 77 Ohio St.3d 323, 326 , 673 N.E.2d 1339 (1997). The state may disprove self

- defense by demonstrating that the defendant’s belief was not ob jectively reasonable or that she did not have an honest subjective belief that she faced imminent death or great bodily harm. Smith at ¶ 56. 

### {¶14} According to the state, it established that Ms. Wilson’s use of force did

not represent her only means of escaping the asserted danger since she never saw who shot the gun at her residence. Because she did not know who was shooting or where that perso n stood, firing into the night in the direction of other residences cannot be considered a reasonable response to any potential threat. 

### {¶15} Ms. Wilson counters that , after seeing Mr. Peoples race into the house bloodied after hearing several shots fired and ob serving bullets fly into her living room window , no rational jury could have concluded that she did not face an “immediate danger of death or great bodily harm. ” See i d. But here Ms. Wilson disregards the timing and her lack of knowledge as to the assail ant’s location

— the shooting had stopped (even by her account) and she had time to wander up stairs to retrieve her own
gun . And when she returned, she did not shoot at anyone in particular; rather she simply discharged several rounds indiscriminately , remo ving any semblance of objective reasonableness pertaining to her self

- defense claim. See i d. In other words, careful scrutiny of her self

- defense claim reveals various flaws and confirms that the state disproved the second element of self

- defense beyond a reasonable doubt

. 

### {¶16} To be sure, Ms. Wilson would enjoy a more robust self

- defense claim if she already had her gun in hand when Mr. Peoples ran in with bullets trailing him andOHIO FIRST DISTRICT COURT OF APPEALS

7 she fired to ward off the attacker

— a scenario that could be deemed to be both

o bjectively and subjectively reasonable. Although some evidence at trial could be construed consistent with that scenario, Ms. Wilson’s answers on cross

- examination (and the account of facts she offers on appeal) acknowledge the gap in timing and the lack of knowledge regarding the whereabouts of any shooter

. 

### {¶17} The gap in timing and the lack of knowledge regarding the shooter dispel any manifest weight concerns. A jury could reasonably conclude that the “imminent danger” of the situation had passed, renderi ng Ms. Wilson’s discharge of her gun multiple times unreasonable. After a thoroug h review of the record, we see no basis for concluding that the jury here “lost its way.” See Martin , 20 Ohio App.3d at
175, 485 N.E.2d 717

.

* * *


### {¶18} In light of the foregoin g analysis, we overrule Ms. Wilson’s assignment of error and affirm the judgment of the trial court.
Judgment affirmed

. 

### C ROUSE 

### and W INKLER 

### , J J ., concur.

Please note : The court has recorded its entry on the date of the release of this opinion

.