This story has been updated with additional information.
A shootout between two men inside a crowded East End nightclub that left eight bystanders wounded has led to attempted murder and felonious assault charges against only one of the accused gunmen.
Because of how the shooting unfolded − and taking into account Ohio’s self-defense laws − Hamilton County Prosecutor Connie Pillich said one of the men, 29-year-old Derrick Long, acted in self-defense when he returned fire after being shot several times at close range.
“We have to look at the facts,” Pillich said in an interview, “and decide if we did bring this to trial, could this result in a conviction.”
Both men were indicted March 6 on different levels of charges. A Hamilton County grand jury indicted Franeek Cobb, 24, of Bond Hill, on multiple counts including attempted murder, felonious assault, inducing panic and several gun charges.
Long, of Spring Grove Village, faces charges of illegal possession of a gun in a liquor establishment, tampering with evidence, carrying a concealed weapon and being a convicted felon in possession of a gun.
Attorneys for both men have said they acted in self-defense in the March 1 shooting, which happened at a private party at Riverfront Live attended by about 800 people.
Hundreds were in the area as gunfire erupted, Pillich said. Eight bystanders were wounded in the crossfire.
The shootout was captured on surveillance video. Cobb looked at Long, pulled out a gun and shot Long several times at close range, according to prosecutors and court documents. Long fell to the floor, then pulled out a gun and returned fire.
Pillich said the two men had a longstanding dispute.
Because Cobb instigated the shooting, he is responsible for all of the bystanders who were wounded, regardless of which gun the bullet came from, Pillich said.
In a statement, Long’s attorney, Clyde Bennett II, said the indictment “confirms what we have said from the beginning: Mr. Long was not responsible for any injuries that occurred that night.”
“Our focus now turns to vigorously defending Mr. Long against the weapons charges,” Bennett said. “We look forward to presenting the full facts in court and ensuring that Mr. Long receives the fair process and justice he deserves.”
Long faces up to 13½ years in prison. Cobb is facing up to 98 years.
The state legislature in recent years changed Ohio’s self-defense laws. Pillich noted that previously, someone who claimed self-defense had to prove at trial that they acted in self-defense. Now, prosecutors have to refute a self-defense claim and prove beyond a reasonable doubt that a defendant did not act in self-defense.
Long and Cobb also face separate charges in federal court. Each is charged in U.S. District Court in Cincinnati with illegally possessing a gun as a convicted felon.
This article originally appeared on Cincinnati Enquirer: Only 1 gunman in nightclub shootout faces attempted murder, assault
Reporting by Kevin Grasha, Cincinnati Enquirer / Cincinnati Enquirer
USA TODAY Network via Reuters Connect
