Fatcow Icon
Lack of arrest leads to protesting
Jul 17, 2012 | 38177 views | 10 10 comments | 13 13 recommendations | email to a friend | print

FRANK LEWIS

PDT Staff Writer

Family and friends of a man shot to death Thursday night gathered at the Scioto County Courthouse Monday morning to protest that no arrest has been made in that shooting. Steve Holsinger, 33, of 9550 Old Gallia Pike, Wheelersburg, was reportedly shot by Tyler Staker, 22, of Portsmouth, who, along with his father, Robert Staker, had gone to Holsinger’s residence to repossess a piece of equipment that was purchased from their business they say had not been fully paid for.

According to the sheriff’s report, Staker and his father had been at the location for over an hour knocking on the door in attempts to get Holsinger to return the equipment. The report goes on to say Holsinger came out onto the porch at approximately 10: 20 p.m. with a gun in his hand and very upset.

A witness told detectives that he did put the gun into his pocket for a short time, then got upset and pulled out the gun telling Staker and his father they had three seconds to get off his property. Holsinger then reportedly raised the weapon pointing it at Staker’s face. It was then, according to the report, that Tyler Staker shot the deceased several times.

No arrest was made leading to Monday’s protest.

“I’m here to get justice for Steve,” Holsinger’s mother-in-law, Connie Reynolds, said, standing on the steps of the courthouse. “There’s a wrong way and a right way to go about handling when money is owed. And they took it into their own hands when there is collection agencies – there’s other means to go around that instead of what they did. He was a very, very kind man and I don’t honestly believe that he would have pointed a gun at anybody’s face ever.”

Scioto County Sheriff Marty V. Donini said deputies followed the normal protocol.

“We consult with the (Scioto County) Prosecutor every time we have a homicide, and that was the guidance given by our County Prosecutor,” Donini said. “We consulted with our County Prosecutor, and he knew what evidence we had at that time, and he preferred, based on the evidence that we had, mainly because they (Stakers) are alleging self defense. I can’t dispute it. I wasn’t there, and we have no other witnesses to say otherwise.”

“I think they shouldn’t have let them go to begin with,” Reynolds said. “I was there that night. I was on my phone. My husband heard them (deputies) reading rights, so I figured, yeah, that guy’s gonna go to jail.”

Reynolds said her daughter told her the Stakers were banging on the house’s air conditioner units to the point she thought the glass was going to break, and that is when Holsinger went out.

“My first question to her was, ‘why didn’t you call the law?’” Reynolds said. “But you don’t think about stuff like that. You don’t think nothing like that is going to happen. But they (Stakers) wasn’t scared. They went there with a gun, after dark, banging on all of their stuff outside.”

Holsinger’s nephew, Roy Parker, read a prepared statement.

“I just want to say that my three little cousins have lost their father, and will never be able to let him hold them ever again. I also want to say I love my uncle a lot. He helped me in my bad times, and now he is gone. I just hope he can see this where he is now,” Parker read. “But Uncle Steve, if you can see this, thank you for the help and I love you. God bless you all.”

Donini said the case is not over and the investigation is continuing.

“We are preparing what evidence we have right now, and we’re getting ready to take it over to (Scioto County Prosecutor) Mark (Kuhn) so he can be on board with what we actually have in hand,” Donini said. “I’m sure he’s going to wait for the autopsy (by Montgomery County). Then, we did what is called a gunshot residue test. It will take a while to get them back. The Prosecutor’s office is going to get a partial report today (Monday). When he is going to present it I don’t know. I’m sure he is going to sit down with our people and he’s going to review any video statements that we have received from witnesses or people that were involved.”

In a call to Robert Staker Monday the Times was referred to Attorney Rick Faulkner. A call to Faulkner last Monday afternoon was not returned at press time.

Frank Lewis may be reached at 740-353-3101, ext. 232, or at flewis@heartlandpublications.com



Comments
(10)
Comments-icon Post a Comment
Taxed
|
July 18, 2012
Repossessions happen at all hours of the day or night. Those involved with them typically arm themselves and are very knowledgeable of the law. This is an unfortunate situation and I pray for the Holsinger family. It’s difficult in the face of such a loss to view the situation with reason and common sense. But in this case, Mr. Staker is the victim. Holsinger apparently was not paying for equipment that he purchased. If he did not want to pay for it, either he should not have purchased it or he should have returned it and made other financial arrangements with Stakers. That would have been the honorable thing to do. Stakers lawfully attempted to retrieve their property and once again it appears Mr. Holsinger made a bad decision and attempted to protect the property that he was illegally holding from being retrieved by its rightful owners by threatening deadly force. Everyone has a right to defend themselves while engaging in lawful activity. Pointing a gun at someone requires a self-defense response. Mr. Staker responded properly in this situation. It was very unfortunate that it happened but it appears predicated by a series of bad decisions on Mr. Holsinger’s part. I pray for both families and hope that each family can at some point set emotion aside and understand each other.
jbl1973
|
July 19, 2012
Would you care to comment on how Mr. Staker complied with the "duty to retreat" requirement covered under Ohio's CCW statute?

http://www.ohioattorneygeneral.gov/getattachment/02ff1ca7-b17e-46e2-9f1f-505beac65926/Concealed-Carry-Laws-Booklet.aspx
PixieChic
|
July 20, 2012
Repossessions do happen all hours of nite. Those involved should be knowledgable enough to know that all repossessions must be peaceful. Staker was at fault for creating the situation.

And if they have right to carry then they should definitely know that they must retreat or avoid danger by leaving or voicing his intention to leave and ending his participation in the confrontation. That would have been the honorable thing for Staker to do. Which he did not instead he choose to confront Mr. Holsinger and shoot him 5 times then scream self defense.

Mr.Staker DID NOT respond properly in this situation. Had he done so, Staker would have left the premises. That was his duty to retreat under Concealed Carry Laws.

The defendant must prove three conditions to establish that he acted in defense of himself.

1: Defendant Is Not At Fault

2: Reasonable and Honest Belief of Danger

3: Duty to Retreat. My heart goes out to both families, this truly is sad.
JBS
|
July 17, 2012
This is such a sad case for a family that lost a Son, Father and Husband. I feel this is so wrong and Staker should have been arrested on the spot. No matter who had guns, They was warned to leave and they did not. Staker should have left and called cops, but they wanted it their way and look what happen.And come on did it take 5 shots to knock him down??? Sad thing is these people is Portsmouth business owners and I look for nothing to be done. May God be with the family of Steve tonight and many sad days ahead. RIP Steve.
raymon12
|
July 17, 2012
Not sure what is what here.Looks like a good reason to have gun laws in favor of those who want them taken away.A very good reason not to do dealing's with a company of this type mental attitude.Again a very strange story which may never lead to the whole truth.
biglew69
|
July 17, 2012
This is a tragedy but blaming the police for following the rule of law is wrong, and as far as guy (staker) having a gun we dont know if he is legally to carry I.E permit, 911 should been called within 5 minutes , i wouldnt let someone beat on my house for over an hour personally , but the law under the castle doctrine is you stay in your home were you dont have a duty to retreat, once you go outside you lose defermative defence regardless if your property or not, i think mistakes were made on both party's part, i pray for the lose of a husband and father , and yes i think staker schould be charge but i dont see murder until all the facts are presented easy to play blame game when noone but the 2 party's were thier
sciotoresident
|
July 17, 2012
Collection agencies are not allowed to call your residence after 9pm. Why should this business be legally allowed to visit a private residence after 9pm, bang violently on their property for over an hour and bring a LOADED gun to a private residence.If an "ordinary" citizen would have committed this crime, they would be currently sitting in jail awaiting trail for stalking, manslaughter, carrying a conceled weapon & discharging a firearm. I feel compassion for EVERYONE involved in this tragedy BUT if this is accepted as something that just happens, what about the NEXT time. The business owners had NO RIGHT to be on that property at that time of night & banging on personal property. What about a homeowner/renters right to respect & privacy on their own property?
crisiscounselor
|
July 17, 2012
I have never heard of such a terrible thing as a business owner taking it on himself to go to a house after dark with a gun to collect money for a debt!!! If every one who is owed money went to such extremes as this, there would be murders such as this day in and day out with so many people hurting financially in this economy!!And the law officers let them walk away? What kind of law is this?? God have mercy on such stupidity!
westsidemom
|
July 17, 2012
THATS SCIOTO COUNTY JUSTICE AT ITS BEST ha what a joke andy an barney could have done a better job
Weather
Sponsored By:

Lottery
Sponsored By:

Stocks
Sponsored By:

Gas Prices
Sponsored By:

Featured Businesses
Recipes
Sponsored By: