(LEX 18) — A published opinion of the Supreme Court of Kentucky has reversed the manslaughter conviction of an Ohio man, who was sentenced to prison for the shooting death of Jarron Slayback in 2020.
In May of 2023, Troy Dunkelberger was convicted of first-degree manslaughter and was sentenced to 20 years in prison.
The opinion, authored by Deputy Chief Justice Robert B. Conley, states "Dunkelberger argues the evidence presented at trial—that he screamed Jarron Slayback’s name and displayed his lawfully possessed and holstered firearm—prior to drawing that weapon and killing Slayback did not justify an initial aggressor instruction."
Kentucky State Police reported that on June 17, 2020, KSP received an assistance call from Wolfe County Dispatch regarding a shooting incident on Lakeside Drive in Zoe, Kentucky.
Police reportedly found that Dunkelberger of West Chester, Ohio had a "verbal altercation" with 31-year-old Slayback of Cincinnati. During further investigation, KSP reported that Dunkelberger grabbed a firearm and shot Slayback, resulting in his death.
The opinion goes on to state "Neither yelling a name nor displaying a holstered, lawfully possessed firearm constitutes an unlawful act of physical force. Therefore, the evidence below was insufficient as a matter of law to justify the initial aggressor instruction."
