Daniel Kirby went home a free man Thursday after a jury in Lucas County Common Pleas Court acquitted him in the fatal shooting of his neighbor's ex-boyfriend.
Mr. Kirby, 38, embraced his attorney, Mark Geudtner, after the not-guilty verdict was announced just before 2 p.m. by Judge Gary Cook. The jury had deliberated nearly 12 hours over three days before acquitting him of reckless homicide, a third-degree felony.
“I'm pleased that Mr. Kirby will be reunited with his wife and daughter after spending nearly three months in custody at the Lucas County jail,” said Mr. Geudtner, who described his client as “extremely relieved.”
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Jailed since the April 6 shooting, Mr. Kirby maintained he shot Charles White in self-defense and in defense of Mr. White's girlfriend, Danielle Reddick, who had ended her relationship with Mr. White and had met him at the apartment that day so that he could get his clothes.
Witnesses testified that the 6-foot, 260-pound Mr. White was yelling at Ms. Reddick, had punched a hole in a door, and — after Mr. Kirby walked in from his apartment across the hall — began begging Mr. Kirby to shoot him.
When Mr. White suddenly turned around and lunged toward Ms. Reddick, Mr. Kirby did just that, firing one shot that struck him in the abdomen. Mr. White died the next day.
“It's one of those circumstances where you have to balance law with emotion, and that's one of the risks of a jury trial,” Frank Spryszak, an assistant county prosecutor, said afterward. “You can provide people with the law coupled with the facts, but everyone's still human.”
He said he was not surprised by the verdict, which was rendered after the jury of seven men and five women deliberated late Tuesday, all day Wednesday, and half of Thursday.
“It was a very difficult case to process,” said Chris Hertz, one of the jurors. “For me personally, there was an extreme amount of gray area.”
He said jurors were asked to put themselves in the mind of Mr. Kirby, but he found that nearly impossible to do. Mr. Hertz said the panel was split initially before voting 10-2 in favor of acquittal and later 11-1. The last juror changed his mind after lunch.
Mr. Kirby's family looked relieved afterward but declined to comment. Mr. White's family also left without making a statement.
Mr. Spryszak said the prosecution did not want to discourage Good Samaritans from getting involved when someone’s in danger nor could they encourage vigilantism. He said Mr. Kirby should have called 911 before intervening and that he should have left the apartment after Ms. Reddick and a friend who was with her had exited safely.
It wasn't until the two young women returned that the situation reached a boiling point.
“This is not a case where we were initiating a prosecution trying to dissuade anyone from intervening if someone is being physically threatened,” Mr. Spryszak said. “At the same time you still have to take precautions. Just because you have a weapon doesn't mean you have to use it.”
He said he believed the case showed that there is “a real lack of tolerance for domestic violence” in the community, and he hoped it showed people who might feel isolated that their neighbors are willing to help.
Contact Jennifer Feehan at jfeehan@theblade.com or 419-213-2134.
First Published June 28, 2018, 5:44 p.m.
