Dear Editor,
I am the mother of Jennifer Holsinger. She is the mother of three children, and a widow as of July, 12, 2012. I was outraged when my son-in-law was shot dead with precision markmanship by a young businessman over a claimed debt. Steven Holsinger was gunned down in front of my daughter as a result of two businessmen coming to my daughter and son-in-law’s home and harassing them.
On July, 12, 2012, Robert Staker and his son, Tyler, came to my daughter’s home and began engaging in harassment, menacing and taunting of Jennifer and Steve. Inside the home were three children, a newborn, three year-old and a nine year-old. The Stakers would not leave. They had no legal right to be upon the property. This was not a repossession because the Stakers had no lien, the debt was disputed and they had no court order.
I presumed that this would all be brought out into the open, but I now feel foolish for relying upon Mark Kuhn and the Scioto County Prosecutor’s office. Mark Kuhn was asked if he would explain to the grand jury the Stakers did not have a lein or security interest in the lawnmower. He was asked to explain to the grand jury the Stakers had no court order or legal right to repossess my daughter’s lawnmower. He was asked to explain to the grand jury that had the Stakers taken the lawnmower, they would be stealing. Mark Kuhn expressed that he was not going to turn this into a repossession case.
Three elements of self defense must be met and if they cannot be proven, the self defense argument is not available. Tyler Staker did not meet the three elements and is not entitled to the claim of self defense. He created the situation. He could have retreated.
Obviously Mark Kuhn did not want Tyler Staker indicted. Who testifies before the grand jury is the prosecutor’s decision. Why would the grand jury not be informed Bob Staker and Tyler Staker had no right to “repossess” this lawnmower. Why allow Tyler Staker to come and cry before the grand jury when Mark Kuhn knew he was not entitled to a self defense instruction? Mark Kuhn knew that the relationship my daughter and deceased son-in-law had with the neighbor witnesses was antagonistic. There was a large pickup truck owned by the Stakers parked directly between the two houses and it was pitch black outside. Clearly, Mark Kuhn knew that what he was presenting to the grand jury was not going to lead to an indictment against these businessmen. Could Mark Kuhn obtain an indictment on “reckless homicide” at the very least?
Mark Kuhn was asked before the grand jury met to emphasize the fact the Stakers had no right to be on the property. Mark Kuhn was asked to emphasize Tyler Staker and Bob Staker had no right to repossess anything because they had no security interest or lein.
This is a huge injustice and grief Jennifer, myself and Steve’s parents suffer cannot be described by words. Then, with the facts set forth above, to have the Prosecutor’s office instill confidence and belief in me that Tyler Staker will be indicted for intentionally trespassing onto my daughter’s property and killing her husband and then have Mark Kuhn intentionally sabotage the proceedings is gut wrenching.
I want to thank the Portsmouth Daily Times for covering this senseless killing and reporting to the best of its ability. It is not the Daily Times’ fault Mark Kuhn did not choose to inform the grand jury or newspaper of the fact the Stakers had no lein/security interest. The Stakers were trespassing. Assuming the Stakers had a right of repossession (which they did not), a legal repossession must be done without a “breach of peace.” The Daily Times was not informed that Tyler Staker had no right to claim self defense or that the neighbors were not credible witnesses. Mark Kuhn, a trained and licensed attorney, knew these things.
I cannot tell you why Mark Kuhn handled this case as he did nor can I tell you why the Scioto County Sheriff’s Office did not arrest Tyler Staker. I do not wish this episode on any other family in our community and hope those involved do some serious soul searching.
Konni Reynolds
Wheelersburg
A lawnmower isn't worth a human life and Mr. Holsinger obviously didn't think that was in fact true. He brought a gun to the argument and lost. Mr. Staker's defense weapon wasn't pointed at anyone until he was threatened. Mr. Staker made a split second to live and he did.
Those are the facts.
Two men met with too much testosterone pumping - a muzzle flash - and one of them lie bleeding to death.
I ask the people who are visiting these comments to stop and think about the Staker family. I don't know them but I know who they are in town. They are trying to make a honest living and people like the Holsinger family make that more difficult. I too, own a small business and people who have beaten me out of money could have met the same fate as Mr. Holsinger if I have had the nerve to come and retake what was mine!
Do we need the wild west to return? Maybe!?!?!
I feel the Staker's pain because they just deserved to be paid by the Holsinger family. And for the statements claiming the Staker's didn't have a lien or legal claim and shouldn't have been there to collect the debt or the merchandise. The Stakers didn't just show up to shoot someone or they would have done it when they first arrived and left.
The Holsinger family had months to return the lawnmower. And honest people would done just that to resolve the issue. Not in a millions year could you ever convince me that the banter between the Stakers' and the Holsingers' start that night. This night was when this matter escalated due to the Stakers' ongoing request for payment and excuses by the Holsingers' for not paying.
Something else to consider in this matter is the neighbor - eyewitness. He has been discounted as a creditable person due to contentions with the Holsinger's in the past. Well, the Stakers, the neighbor, the sheriff, the prosecutor and the grand jury all see it the same way. They only thing they have in common is the Holsinger family. These people didn't conspire to come to the Holsinger residence and create a cover-up to protect an unknow young man.
Its a true shame. Its a terrible tragedy. I get it. But Jennifer and Konnie and everyone else climb down off the cross - we need the wood. Look at the public records in the Scioto County Common Pleas and Municipal Courts and you will see Mr. Holsinger was no saint.
I will be giving money to the Stakers' legal defense fund because they are the true victims and I encourage others to do the same. Mr. Holsinger's family should be held accountable for his threatening actions that caused his death.
While I am not acquainted with either the Holsingers or Stakers, I have followed this entire situation since it occurred. I don’t think that it is an overstatement to conclude that the manner in which it has been handled STINKS TO HIGH HEAVEN. And, the smell isn’t getting any better.
I have read (and re-read) the story of the confrontation, and the subsequent “no bill” decision by the Scioto County Grand Jury that was published in the Portsmouth Times. I believe that the article did a good job of presenting the facts (or what purports to be the facts). However, like the entire situation, there were holes that the proverbial truck could drive through. I believe that thinking people on both sides of the case can agree to this.
First of all, I have to state that I am a “Second Amendment Purist”. That is, I am a fervent believer in the rights of self defense; I am a Life Member of the NRA and I have a concealed carry permit. HOWEVER, I am also conscious of the fact that my rights are SEVERELY restricted when it comes to transporting a loaded weapon onto another person’s property. In addition, even though I am not a lawyer, I understand that, under our system of law, life will ALWAYS have a higher value than property. (Also, although I do believe that while Ohio does have some form of a “Stand Your Ground” law, as a layman, it would appear to me that the “Castle Doctrine” was firmly on the side of Mr. Holsinger.)
Now, one of the phrases that always sets my teeth on edge is the one that alludes to the so-called “slippery slope”; that is, the fear of a law (or interpretation of a law) leading to dire consequences down the road. However, I firmly believe that the actions (and inactions) of the elected officials of Scioto County have put us firmly on that slippery slope. For example, we have entire television series devoted to the antics of those whose livelihood is centered around the repossession of motor vehicles. I am sure that these types of repossessions occur on a daily basis in Scioto County. Based on the events of this situation, what is going to happen the next time there is an armed confrontation between two similar parties (one who possesses the property and the one seeking to take it away)? Will one of them be killed? Worse yet, what if an innocent bystander is killed? Will the Prosecutor’s office take the same attitude?
Perhaps I have not read all there is to read on this situation but the thrust of the Prosecutor’s argument appears to be, “Well, Mr. Staker was wrong to go on Mr. Holsinger’s property but Mr. Holsinger was wrong to pull a weapon. So, I guess it’s just a wash.” Frankly, I find this attitude unfathomable; simply put, this just doesn’t walk the dog. In addition, it now appears that the Prosecutor is simply content to “hunker down” and wait for this to blow over. Two Words Mr. Prosecutor: NOT LIKELY.
Now, the Times article alluded to a witness, whose testimony supposedly swayed the Grand Jury. Perhaps. However, according to most legal articles that I have read, eye witness testimony is sometimes the LEAST reliable and that most prosecutors prefer to rely on other evidence. What happened here? And, REGARDLESS of the testimony, we always get back to the question: WAS A LAWNMOWER WORTH A PERSON’S LIFE?
I realize that I am not being politically correct when I make this statement: Had either of the two parties involved been of a different race, the U.S. District Attorney would have been here in a heartbeat. So, let’s ask the question, Were Mr. Holsinger’s rights any less than those of a minority? My point is this: I believe that it is time for an outside office; either the Attorney General of the State of Ohio or the U.S. District Attorney’s office, to do an investigation of this entire affair, from top to bottom.
In my own, admittedly limited mind, both the Prosecutor’s office and the Sheriff’s department should welcome something of this nature. Let’s face it, this incident has been a huge black eye for Scioto County (as if another one was needed) and now a black cloud hangs over the entire county legal system; a cloud that isn’t going away. With the filing of the civil lawsuit, it is assured that we have not heard the last of it for many months. If a thorough, “let-the-chips-fall-where-they-may” type of investigation exonerates Mr. Staker, then so be it. At least, the citizens of Scioto County can have the confidence that justice was served.
This hasn't been fair from the start! From the get go of this case...outside help should have been on it! We had talked to and outside Prosecutor told us Staker's had no right to be there because not a secured interest and that Staker's couldnt had claimed self defense since they provaked the situation. Mark Kuhn should had removed himself from this case because of knowing each other. We was told from that same person that Kuhn was the only one could pulled himself from this case...he didn't!
Election day is Tuesday...no one running againist Kuhn...I wish someone would had. I do know that Steve Goins stands for all we don't have in this county and we need this to get this county on track! I do believe he is the one that can do this! There was a flyer in the community this past weekend all about Steve Goins and all he stands for. I hope all took time to read this and see all he is about. People take time to read to whom you are voting for! We need this change!
I do again thank you for your comment...so very much! A person has a right to bear arms but doesn't give a person a right to kill someone! It's not over! We are trying all we know to do to see what can be done. I agree...we need an outside investigation to happen. I hope we can get this done! We are working on all we can! I do thank all for the great comments. All knows how it is like in this county and it shouldnt be! The law is for all...we need someone that is fair...and someone who cares....and cares about victims of all crimes! Thank you again!
I’m sure all of us would change many things if we could go back in time, unfortunaly we can’t. We must live with the choices we’ve made. Mr. Staker will have to live with the choice that was made on that night. I believe the Law Enforcement, Grand Jury and Mark Kuhn all did their jobs. I don’t believe for one minute that we have “Selective enforcement of selective laws against selective people” If people are not satisfied with the job of elected officials vote them out. But look at the good things that they have done.
My thoughts and prayers are with Jennifer and the families involved in this situation. I also pray that someone in some state agency would look into this crooked county and its officials...
The above is the reason that Scioto County has become the laughing stock of Ohio. There is corruption in every Gov department in the county. It's one of the reason I refuse to move back to Scioto County. You and others would be more effective if you could rally the support needed to vote these guys out of their jobs and replace them with more honest individuals. I will pray for you and your family.