A Toledo man arrested for the Oct. 23 shooting death of an acquaintance during a memorial vigil will not face murder charges, according to a decision by the Lucas County grand jury.
The grand jury declined on Friday to indict Martrece Dobson on two alternate counts of murder for the death of Justin Smith. The grand jury did indict Mr. Dobson, 24, on one count of carrying a concealed weapon. If convicted on the charge, he faces up to 18 months in prison.
Jeff Lingo, chief of the criminal division for the prosecutor’s office, noted that testimony given to the grand jury is not public information. Instead he referred to the Toledo police investigation of the October shooting that revealed that Smith was pointing a gun at different people prior to being shot.
“Police reports and witness statements would have revealed that the decedent pulled a gun and was brandishing it in a threatening manner at other people and was subsequently shot,” he said.
Mr. Dobson was arrested Dec. 8 at a relative’s home in Oak Park, Mich. He had been sought by police since the October shooting, which occurred at 1074 Fernwood Ave., where both Mr. Dobson and Smith were attending a vigil for a man who had been killed a year prior.
It is unclear what preceded the shooting. At the time, witnesses said the two men began arguing. Since then, other witnesses have made statements to authorities that Smith was brandishing a gun.
Toledo police Detective Liz Kantura said that although she could not say what information the grand jury contemplated, “it is fair to conclude they considered self defense.” She declined to comment further on the case.
According to John Weglian, chief of the special units division of the prosecutor’s office, seven out of nine member of the grand jury must vote a “true bill” for a defendant to be indicted. If fewer than seven members vote for an indictment, then a “no bill” is issued.
“The grand jury was presented with the facts and issued a no bill,” he said.
As of Friday afternoon, Mr. Dobson remained in custody at the Lucas County jail.
Attorney Khary Hanible, who represented Mr. Dobson, noted that his client was attempting to defuse an altercation between his cousin and Smith when the incident occurred. He stated that the facts showed that Smith pulled out a gun and threatened the two men before he was shot.
“I think Toledo police did a very thorough investigation and the facts supported the outcome that he was acting in self defense of himself and his cousin who he grew up with,” Mr. Hanible said. “…Mr. Dobson was attempting to break up a scuffle between the victim and his cousin. It was a fight provoked by Justin Smith.”
Mr. Hanible noted that Mr. Dobson “is not off scot-free” and that he must still face a weapons charge.
“It was his gun but he was not authorized to carry that weapon,” Mr. Hanible said. “But if he had not had it, he may have lost his life and the life of his cousin.”
Contact Erica Blake at: eblake@theblade.com or 419-213-2134.
First Published January 6, 2012, 11:14 p.m.
