Judge: Stand-your-ground defense not allowed in man’s trial

DAYTON, Ohio (AP) — An Ohio man who faces trial next month in the fatal shooting of two teens he found inside his garage won’t be allowed to use the state’s new stand-your-ground defense, a judge has ruled.

Montgomery County Judge Timothy O’Connell in a ruling earlier this week said the stand-your-ground law that took effect in April cannot be applied retroactively to the slayings of Devin Henderson and Javier Harrison in Dayton in August 2019, the Dayton Daily News reported.

Victor Santana, 65, is scheduled for trial June 7 on multiple counts of murder and felonious assault.

According to authorities, Santana shot the two teens when he found them inside a vehicle in the detached garage smoking marijuana. Santana also shot at a third teen that day, authorities said.

Defense attorney Michael Pentecost filed a proposed jury instruction asking O’Connell to tell the jury about self-defense. Pentecost has indicated that he will argue that Santana acted in self-defense at trial.

Ohio’s stand-your-ground law no longer requires someone to retreat before they can shoot someone in self-defense.