SCIOTO — Scioto County Prosecutor Shane A. Tieman announced on November 18, 2021 Defendant Dustin Lynn Underwood, age 39 of Waverly, Ohio was found guilty of Voluntary Manslaughter by a Scioto County Jury for an indictment arising from an incident in Rarden, Ohio on February 3, 2020.
On February 3, 2020, Defendant and the victim, Lonnie Elliott had gotten into an altercation after Elliott had brandished a gun at Underwood in the vicinity of his two teenage children who resided on Elliott’s property with their mother Sabrina Gilbert.
Gilbert approached Elliott about his behavior and during the argument, Underwood grabbed and tackled Elliott to the ground. At some point in the struggle, the gun discharged, striking Gilbert. The gun ultimately was found on the ground and came into the possession of the Defendant who attempted to shoot Elliott.
Elliott was incapacitated due to a severe beating he received at the hands of Defendant and his son. Elliott ultimately succumbed to the injuries he suffered at the hands of the Defendant.
The incident resulted in a three-count indictment for Murder, Voluntary Manslaughter and Felonious Assault. After a four-day jury trial before Judge Mark E. Kuhn the jury found Underwood guilty of Voluntary Manslaughter with a gun specification, finding provocation by the victim. Underwood was sentenced to 13 to 18 years in prison.
The State of Ohio was represented by Assistant Prosecutor Matthew F. Loesch and Prosecutor Tieman. Attorney James T. Boulger of Chillicothe, Ohio represented Defendant Underwood.
Prosecutor Tieman wished to thank the Scioto County Sheriff’s Office, the Pike County Sheriff’s Office and BCI for their assistance in the prosecution of Underwood.