From Murder Charge To Freedom: Why A Mahoning County Jury Accepted Darius Smith’s Self-Defense Claim

YOUNGSTOWN, OH — Following four days of proceedings and roughly four hours of formal deliberation, Darius Smith walked out of the Mahoning County Courthouse a free man. The case centered on the early morning hours of May 27 inside a home on Dewey Avenue on Youngstown’s South Side; a residence characterized by both prosecutors, defense counsel, and the defendant as a chaotic environment with ongoing drug activity.

Smith took the witness stand in his own defense on Thursday, describing the volatile moments that led him to draw his weapon and discharge seven rounds.

The Dispute on Dewey Avenue

According to testimony presented during the trial, an impromptu gathering had assembled at the home after Smith’s mother was bailed out of jail earlier that evening. Smith testified that he had previously experienced thefts from his bedroom and became alarmed when he overheard individuals in the dining room talking about potentially robbing him.

Smith armed himself with a handgun, placed it into his pants pocket, and walked into the dining room to assess the room, asking occupants, “Are you cool?”

The interaction quickly deteriorated into a hostile confrontation between Smith and Perry. Smith testified that he offered to settle the dispute with a fistfight, to which Perry allegedly countered that they should “throw bullets” instead and instructed Smith to go sit down.

Witnesses for both sides, including Smith, confirmed that Smith initially turned and took several steps back toward his bedroom hallway before pivoting and discharging his weapon. Perry suffered four gunshot wounds to his upper chest, one to his right hip, one to his left wrist, and one to the back of his head.

The Battle Over the Highpoint Handgun

The trial turned entirely on whether Perry had a weapon in his hand or raised it toward Smith during the encounter.

• The Defense Case: Defense attorney Frank Cassese argued that Perry was holding a .40-caliber Highpoint handgun and had raised it in a threatening posture as Smith turned around, forcing Smith to fire in immediate self-defense. The defense leaned on physical evidence confirming Perry’s DNA was recovered from the Highpoint handgun.
• The Prosecution Case: Assistant prosecuting attorneys Patrick Fening and Daniel Yozwiak argued that Perry was not holding the firearm when shot. Witnesses testified that the weapon had been set atop a kitchen freezer cabinet earlier that evening. Perry’s father, Ty’Ron Perry Sr., testified that he grabbed the weapon off the freezer only after attempting to render aid to his dying son, using it to pursue Smith outside. The state maintained that Perry Jr.’s blood was transferred to the weapon during that chaotic aftermath rather than from the teen holding it during the confrontation.

Despite aggressive cross-examination pointing out that no other eyewitness directly corroborated seeing Perry raise the gun, the jury found reasonable doubt regarding the state’s version of events.

“I’m very pleased with the verdict returned by the jury. I believe they got it right. It’s a tragedy all the way around, and I said that from the beginning. My heart breaks for this kid,” Cassese said following the acquittal. “Unfortunately, under the circumstances, I think that my client acted in self-defense, and the jury thought so too, so I’m happy for Darius Smith.”

The Law: Ohio’s Burden of Disproof in Self-Defense

This verdict illustrates the real-world application of Ohio Revised Code § 2901.05:

Under current Ohio law, once the defense introduces evidence that tends to support the assertion that the accused was not at fault in creating the situation and possessed a bona fide belief of imminent danger, the legal burden flips entirely to the prosecution.

The state must prove beyond a reasonable doubt that at least one element of self-defense was absent. In this case, conflicting accounts of how Perry’s DNA ended up on the Highpoint handgun, combined with the hostile verbal exchange, left enough reasonable doubt for the jury to reject a murder conviction.

Safety & Tactical Tip: Investigating a disturbance or confronting suspected trespassers inside your own home while carrying a firearm requires careful escalation awareness. Stepping into a room to confront hostile individuals, even on your own property, can invite prosecutors to argue you provoked the encounter. If you suspect an intruder or imminent burglary within your home, the safest legal and tactical strategy is to establish a secure, barricaded position within a defensible room, keep your firearm at the ready, and dial 911 immediately to let responding law enforcement units clear the common living areas.