Gage L. Woods has been cleared of a murder charge in an October shooting.

CANTON A 19-year-old Sandy Township man has been cleared of a murder charge in what his attorney says was a case of self defense.

A Stark County grand jury declined to indict Gage L. Woods for the October shooting death of 32-year-old Jerry R. Hendershott Jr., of Waynesburg.

Woods' attorney, Jeff Jakmides, said Wednesday that he believes the grand jury's decision this week was influenced by facts of the case and pending changes to Ohio law.

A new legal provision, set to take effect in March, shifts the burden to prosecutors to show the accused did not use a firearm in self defense.

A grand jury formally issued a "no bill" in Woods' case, which means it decided to not indict on murder or a lesser charge. He was due to be released from Stark County Jail, where he's been held since the incident.

Jakmides said his client was acting in self defense when Hendershott tried to force his way into Woods' home. "The individual was making threats and was forcing entry and Mr. Woods exercised his right to defend his residence and himself and shot him," the attorney said.

"I can't recall a no bill on a murder charge," said Jakmides, a longtime Stark County attorney. "I think every murder charge I've had went to trial."

The shooting occurred about 10 p.m. Oct. 25 on James Street SE in the Waynesburg area, according to authorities.

The confrontation apparently involved a dispute over money and eyeglasses, according to a Stark County Sheriff's Office report.

According to witness statements, Woods would not return another man's money and glasses. Hendershott went to assist the other male in retrieving his property, investigators said in the report.

Woods was standing at the door of his home and tried to slam it on Hendershott and the other person, according to witness statements. "That's when Hendershott put his foot in the door and would not let him shut it," the report said.

One of the witnesses then "saw a gun come around the door and heard what he thought was a shot being fired," the sheriff's office report said. "He saw Jerry R. Hendershott Jr. walk back toward the car holding his chest (indicating he had been shot)."

Someone with the group put Hendershott in the car and drove off to seek help before an ambulance was located, according to the report.

Self-defense law

Under current state law, Jakmides said, since Woods was in his own home, "he had no duty to retreat and had every right to use force to repel an intruder."

"Each case is different," he said. "You have to put yourself in the shoes of the person who's defending themselves."

Jakmides, however, said he believes the upcoming changes in state law also influenced the grand jury's decision.

In late December, the Ohio General Assembly overrode a veto by Gov. John Kasich of House Bill 228, which shifts the burden to prosecutors in shootings involving self defense.

Current Ohio law "requires a defendant to prove by a preponderance of the evidence that he did act in self defense," Jakmides said. "The defendant bears that burden. The new law says that when the issue of self defense is raised ... then the prosecutor must prove beyond a reasonable doubt that the defendant did not act in self defense.

"It's a huge difference," he added.

Fred Scott, an assistant Stark County prosecutor who heads the criminal division, said he couldn't comment on details of the grand jury's finding.

"They heard evidence in the case, they were instructed on the law, they were instructed on the law of self defense and then they made their determination," he said.

Scott noted the grand jury was instructed thoroughly on the changes to self-defense law set to take effect this spring.

"We take it very seriously," the assistant prosecutor said. "And we make sure the grand jury has all the facts available to make their decision."

The investigation

Following the shooting, Woods had fled the scene, according to authorities. Jakmides cited Woods' age and said he would have been highly stressed when he left in a vehicle. Woods didn't resist arrest when investigators located him.

Jakmides believes his client would have been acquitted at trial. A murder charge carries a prison sentence of 15 years to life.

"You can't really criticize them for making the arrest," he said. "That was the situation presented to them at that moment." He cited the "probable cause standard" used by law enforcement.

"I don't feel like it's their job to determine guilt or innocence."

Reach Ed at 330-580-8315 and ed.balint@cantonrep.com

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