Ohio Mother Shoots Ex-Boyfriend That Broke Into Her Home

By Chris Marquette · · 3 min read

Ohio Mother Shoots Ex-Boyfriend Who Broke Into Her Home

Early on June 6, 2019, a mother in the East Price Hill neighborhood of Cincinnati shot her ex-boyfriend as he tried to get into her house through the front window. Her five kids were asleep upstairs.

Here’s what police and the Hamilton County Prosecutor’s Office said happened. Around 4:30 that Thursday morning, Dante Ruff kicked out the window air conditioning unit and tried to come in through the window. WKRC reported that police said he threatened to kill her. She shot him several times in the abdomen. He had surgery at University of Cincinnati Medical Center and was listed in serious condition. She and the kids weren’t hurt.

A window air conditioning unit set into the lower part of a tall window on the side of a wooden house
Window air conditioner, New Orleans (not the Cincinnati home). Photo: Infrogmation, CC BY 2.5, via Wikimedia Commons

She had a protection order against him, and police described a long, violent history between them. She also had a concealed carry permit. Ruff was charged with aggravated burglary and violating a protection order. A judge later set his bond at $200,000 and ordered a sheriff’s deputy to stay with him at the hospital.

Prosecutor Joe Deters announced the same day that she would not be charged. Here’s what he said:

Thank goodness she had a Concealed Carry Permit and was able to defend herself and her 5 children. It is hard to imagine what might have happened to her or her children if she had not been able to protect herself and her family.

Hamilton County Prosecutor Joseph Deters, as reported by WLWT and FOX19

No charges. As it should be.

A protection order is a piece of paper

She did what you’re supposed to do. She went to court and got the order. It still didn’t keep him out of her window at 4:30 in the morning. The order matters, because it’s part of why he was charged and part of why her fear made sense. But it can’t stop anyone. What stopped him was a mom who had a plan and was ready to carry it out.

I couldn’t find how Ruff’s case turned out, so I’m leaving that part out.

What this means in Minnesota

Inside your home in Minnesota, there’s no duty to retreat. Deadly force is allowed when it’s necessary to resist an offense you reasonably believe exposes you or someone else to great bodily harm or death, or to prevent a felony in your home (Minn. Stat. § 609.065). Entering a home without consent, with intent to commit a crime, while someone is home is first-degree burglary under Minn. Stat. § 609.582. A violent ex who isn’t supposed to be near you, coming through a window before dawn while your kids sleep upstairs, is the kind of fact pattern a jury understands.

There’s one big difference, though. Ohio’s law presumes you acted in self-defense when someone is unlawfully entering your home (Ohio Rev. Code § 2901.05(B)(2)). Minnesota doesn’t presume anything. Here you have to be able to explain what you knew and why you believed it. The history, the order and the threats are what you’d point to.

If you’re in a situation like hers, get the order, and make a plan for your home anyway. Paper is worth having. It just isn’t a lock.

I cover defense of your home and the rest of Minnesota’s self-defense law in my Permit to Carry class. Sign up for a Permit to Carry class at mnselfdefense.com. Questions? Text me at 507-533-5774 or email chris@mnselfdefense.com.

Chris Marquette, Precision Plus Firearms Training

Disclaimer

This post is general education, not legal advice. I’m a firearms instructor, not your attorney. Laws and court decisions change, and every situation is different. If you have questions about a specific situation, talk to a Minnesota attorney.

Sources

News
“Police: No charges for woman who shot ex-boyfriend as he broke into her East Price Hill home,” WLWT, June 6, 2019
“Woman shoots ex-boyfriend trying to break into her East Price Hill home,” WKRC Local 12, June 6, 2019
“Prosecutor: No charges for woman who shot ex-boyfriend who broke into her home,” FOX19, June 6, 2019
“Judge: Man shot by ex-girlfriend breaking into home must be supervised in hospital,” WKRC Local 12, June 2019

Statutes
Minn. Stat. § 609.065, Justifiable Taking of Life
Minn. Stat. § 609.582, Burglary
Ohio Rev. Code § 2901.05, Burden of proof; self-defense