re ohio v kovarbasich
summery
def. chg with the killing of neighbor, Hurley, whom def. at 14.5 yrs of age worked odd chores for Hurley. 2.5 yrs later, the def. was in the home of Hurley, whom in past molested the def.
the def. finally put an end to the issue by hitting Hurley with a commissary size pickle jar. Hurley not stopped, def., grab a kitchen knife and stabbed Hurley.
Hurley was a well known adult who hired neighborhood kids, boys 13 to 15 yrs of age. The Ohio computer forensic lab, found 1,500 plus porn photos, majority of them male under 14 yrs of age.
the verdict-was manslaughter
the punishment-5 years probation, home school GED in 2 years
judge found that the behavioral changes, prosecutors used to impeach the def., were actual signs that def., did experience some form of molestation by an adult.
so I agree with the judge.
prisons r not the answer. Y? I ask-Hav u ever been on probation? -school, college or work. prisons has not proven to b a fail safe deterrent.
since Hurley was never charged for this prior to his death, he did have a curtain standing in his community, he was a teacher, so the def., felt there was not a clear remedy.
judge felt placing def., in prison would do more harm than rehabilitation and that recidivism is not as great.