To avoid conviction, William Knight’s attorneys will have to show he or his family were in serious danger when he shot and killed an Akron man selling his son-in-law’s stolen dirt bike Monday night, a legal expert said.
“It has to be a pretty significant threat. It can’t be minor harm,” said Jonathan Witmer-Rich, an associate professor of law at Cleveland State University.
According to police and 911 recordings, 63-year-old Knight killed 24-year-old Keith Johnson with a gunshot to the head at about 9 p.m. Monday.
Knight’s son-in-law had his dirt bike stolen from an unlocked garage last year, and he found it for sale online — possibly on Facebook or Craigslist. Johnson’s family said after his death that he bought the dirt bike from an acquaintance last year and didn’t know it was stolen.
Knight, of Streetsboro, faces charges of involuntary manslaughter and felonious assault. He’s being held at the Summit County Jail on $500,000 bond. More serious charges could be levied against him when the case is heard by a grand jury.
Knight told dispatchers Johnson tried to flee on the dirt bike when confronted by Knight and his son-in-law. Knight’s son-in-law grabbed hold of the bike to stop Johnson from driving away.
Knight told a dispatcher he feared his son-in-law or his daughter — who was on the phone with dispatchers when he fired — could be hurt, so he “had no choice” but to fire.
Knight has a permit to carry a concealed weapon (CCW).
Witmer-Rich said Knight’s attorneys likely will argue he was protecting himself and his family when he opened fire. But self-defense is a hard legal standard to prove, the professor said.
“The legal standard for self-defense,” he said, “is that the defendant had to reasonably believe he was facing an imminent threat of death or bodily harm.”
Witmer-Rich said it’s likely to matter that it appears Johnson was unarmed. If a weapon was present, an imminent threat would be easier for attorneys to show. Still, Witmer-Rich said Knight’s attorneys might argue Johnson was using the dirt bike as a weapon in the moment.
Knight’s CCW permit likely won’t matter in court, he said.
“It’s not particularly relevant. All it means is he was allowed to carry the weapon,” Witmer-Rich said. “It has no bearing on whether he was permitted to use deadly force.”
The professor also said killing someone to recover stolen property is not a defense in Ohio.
In one of the calls, Knight’s daughter said she, her husband and her father were supposed to have a police officer with them to retrieve the bike, but the officer had to go to another call. The family opted to meet up with Johnson anyway.
“You’re not permitted to use deadly force to get your property or prevent someone else from taking your property,” Witmer-Rich said.
Nick Glunt can be reached at 330-996-3565 or nglunt@thebeaconjournal.com. Follow him on Twitter @NickGluntABJ and on Facebook @JournoNickGlunt .
