Irvin shot and killed Jesse Samuel Redavide Nov. 14, 2017, following an argument inside Redavide’s brother’s home in the 100
Credit: Montgomery County Jail
Credit: Montgomery County Jail
In September, the Second District Court of Appeals in Dayton overturned Irvin’s conviction for the murder and felonious assault charges after ruling he was entitled to a self-defense jury instruction.
During the first trial, Irvin admitted to the shooting, but claimed he acted in self-defense. He testified that early the morning of the shooting that when he drove to his friend Joseph Redavide’s home to get some food and drugs he was met at the door by his brother, Jesse Redavide, who reportedly appeared intoxicated and used racial slurs against him before he “monkey dunked,” or slammed him to the ground, and hit him in the head with a rifle. Irvin testified he got to his feet and and shot Jesse Redavide because he feared for his life, according to court documents.
The prosecutor’s office filed a sentencing memorandum asking the judge to impose the original sentence, saying Irvin’s testimony doesn’t match autopsy findings or witness accounts.
Irvin left after the argument but returned a short time later with a gun. Witnesses said Redavide was apologizing and had his hands out when Irvin shot him before fleeing, ditching the gun, abandoning the car in an alley and hiding in his stepmother’s basement. A deputy coroner testified Redavide suffered a gunshot wound with the bullet first going through his hand before continuing to his chest. The barrel of the gun was between 6 and 24 inches from the victim, who had no gun powder stippling on his chest to indicate the gun was fired closer to him, the document stated.
In 2019, Ohio law changed to shift the burden of proof of self-defense “from the defendant to the state to prove beyond a reasonable doubt that the accused did not use force in self-defense.” A subsequent decision stated the amended version of the self-defense statute applied to trials held on or after the amendment’s effective date even of the offenses happened earlier.
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