A driver was at the RoadDog gas station to get gas when he let a man in the parking lot inside his car to get out of the rain, Dayton police Maj. Brian Johns said.
“At one time the individual asked for a ride but didn’t have any gas money,” he said. “At that time a disagreement began inside the vehicle. The person loitering in the parking lot began to assault the driver of the vehicle.”
The driver reportedly pulled out a firearm and fired three rounds, shooting and killing the man.
The driver then went inside the gas station and told the clerk to call the police.
He was still at the gas station when police arrived and has been cooperating with the investigation, Johns said.
The victim was pronounced dead at the gas station. He was not armed.
Ohio’s castle doctrine law states a person has no duty to retreat before using self-defense. Johns noted the law applies to a person’s residence and vehicle.
Once all the evidence has been collected it will be turned over to the Montgomery County Prosecutor’s Office to determine if charges will be filed, Johns added. There is video of the shooting.
No arrests have been made.
While the driver wanted to be nice and help someone get out of the rain, Johns noted people should consider the time and place when assisting someone to try to avoid ending up in a dangerous situation.
“The individual was inside the car staying dry, but then wanted a ride. He didn’t have any gas money, and the ride was actually refused,” Johns said. “That’s when this argument began, and he wouldn’t get out of the vehicle. Then (he) struck the driver of the vehicle which led to the shots being fired.”
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