Shooting Ruled Justifiable Use of Force In Self-Defense
COVINGTON, Ky.– Commonwealth’s Attorney Rob Sanders has declined to pursue any charges related to the Oct. 9, 2020, fatal shooting on Interstate 75 in Ft. Wright, ruling the case a justifiable use of deadly force.
“Kentucky law states an individual is justified in the use of physical force upon another when the individual believes such force is necessary to protect against the use of unlawful force by another person,” Sanders said. “The investigation by Ft. Wright and Kenton County Police Departments conclusively found the shooter was reasonably in fear for his own life and responded lawfully.”
Kenton County Emergency Communications Center received a call from Joshua G. Taylor, 43, of Cincinnati, on Friday, Oct. 9, at 1:22 p.m. reporting he had just been involved in a collision with another vehicle during what Taylor described as a “road rage” incident.
While stopped on the side of the interstate, and on the phone with dispatchers, Taylor stated he could see the other driver approaching with a rifle. The 911 call recorded the verbal confrontation between the two men before gunshots are heard. Taylor then tells the dispatcher he fired shots from his own gun and struck the other man. The recording continues as Taylor can be heard administering first aid.
Ft. Wright Police and a Kenton County Sheriff’s Department Deputy were the first on the scene. Officers found John Patrick Abell, 41, suffering from multiple gunshot wounds. Abell was transported by Ft. Wright Fire Department to the University of Cincinnati Medical Center, where he was pronounced dead. Taylor was taken into custody and questioned by detectives before being released Friday evening after police consulted the Commonwealth’s Attorney. Although some news reports list Abell as living in Bellevue, Ky., his most current residence is believed to be in Cincinnati, Ohio.
Crime-scene investigators located a Tikka 30-06 rifle on the ground near where Abell fell. A Taurus 9mm handgun was recovered from Taylor’s person. Taylor is believed to have fired his handgun four times. Abell did not fire his rifle. The gun was determined to be unloaded with a trigger lock in place.
“There was no way for Mr. Taylor to know the rifle being stuck in his face was inoperable,” Sanders said. “So that does not make his reaction unreasonable or unlawful. In fact, anyone who has a gun pointed at him should always assume the gun is loaded.”
Neither party involved in the shooting had a criminal record. Both were lawfully in possession of their respective firearms. Kentucky no longer requires a permit to carry concealed weapons and does not require guns to be registered.
Autopsy and toxicology reports on Abell are still pending. Investigators located multiple empty liquor containers in Abell’s SUV. Sanders said witnesses suspected Abell was impaired based upon his driving prior to the collision. Statements from witnesses suggest the rolling confrontation began somewhere between the Buttermilk Pike and Dixie Highway exits in Ft. Mitchell.
As the two vehicle approached the Kyles Lane on-ramp, contact between the two vehicles caused Abell’s SUV to spin out, coming to rest in the gore between the interstate and the on-ramp. Taylor pulled over and called 911. Sanders said the investigation suggests Taylor and Abell did not know one another.
“Mr. Taylor was coming home from his place of employment in Boone County,” Sanders said. “And Mr. Abell is believed to have been headed home from a day of fishing.”
Sanders said it’s unknown why Abell was driving so aggressively.
Investigators from Ft. Wright and Kenton County Police interviewed more than a dozen witnesses to the crash and shooting. All of the statements were essentially consistent and supported Taylor’s account of events. Multiple witnesses also supplied police with photos taken on cell phones. Abell can be seen in photos with his rifle in hand, threatening a bystander before pointing the gun at Taylor while he is still seated in his vehicle. Two of the photos are attached to this release. A copy of the 911 call can be obtained by emailing a request to rsanders@prosecutors.ky.gov.
Posted on Monday, October 12th, 2020 @ 4:09PM
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