Credit: Montgomery County Jail
Credit: Montgomery County Jail
Noah Kinser was shot and killed Dec. 30, 2018, in a home invasion at his North First Street apartment, during which Kinser’s 14-year-old girlfriend was shot and wounded.
At trial, Gillilan’s defense team argued the shooting was in self-defense during what they described as a drug deal gone wrong.
The Second District Court of Appeals in Dayton granted a new trial after it overturned Gillilan’s conviction in February, ruling the trial court incorrectly instructed the jury on the self-defense burden of proof.
Prosecutors unsuccessfully argued that evidence against Gillilan was “so overwhelming that no reasonable juror could have found in Gillilan’s favor regardless of who bore the burden of proof.”
Three other men were convicted in connection to Kinser’s death.
Jason B. Churchill, 36, of Moraine and Daniel M. Simone, 32, of Englewood each were sentenced in October 2021 to 11 years in prison after they pleaded guilty to complicity to commit involuntary manslaughter, felonious assault, aggravated burglary, aggravated robbery and having weapons while under disability. Churchill is incarcerated in the Mansfield Correctional Institution and Simone is in the Pickaway Correctional Institution, according to Ohio Department of Rehabilitation & Correction.
Dante K. English, 34, of Cincinnati was sentenced in November 2021 to two years in prison after pleading guilty to arson and tampering with evidence. He has since been released, records show.
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