Legal Question in Criminal Law in Ohio

Preliminary history for question:

On Nov 17th of last year my home was burglarized and cash and my personal weapon were stolen.

The weapon was registered by me when purchased in 1983 and I recieved a phone call from Detective Stepick in the 2nd division here in Cleveland, who took a chance that the address, phone number etc. hadn't changed in 27 years:) LOL He asked if I had reported a gun stolen and I said I did

giving him case number etc. and named the most probable person I believed had stolen it. The defendants decided to fire the weapon in a public venue and were caught and my weapon recovered.

They have plead guilty to burglary, aggravated theft, ccw etc. and their plea accepted on 3/10/2010

whereupon the Assistant DA matt Ezzo told me I could go to 2nd district and retrieve my weapon.

At 2nd district they said go to the property room at the Justice center, a call there prior to wasting time just in case, yeilded that I had to go to the Clerk of Courts of for a "Journal Entry". Calling them yeilded that I had to get the judge or DA to issue a "Journal entry".

Question: Am I getting the run around to be victimized a second time by not being able to get my weapon back? It is lefally registered I am not a felon etc. etc. what is the best strategy to force them to return my stolen property?

Sorry 2 questions there.


Asked on 3/18/10, 6:48 am

1 Answer from Attorneys
Richard Cline Office of the Ohio Public Defender

You are not intentionally getting the run around, but the effect is the same. The problem is that there is no central computer system that would allow the property room clerk to know that the weapon is to be released to you. Even though you are the rightful owner of the weapon, it is still evidence of a crime (burglary, unlaw discharge of a firearm) and could be needed as evidence in a trial. Until the property room clerk gets an official notice that the weapon is not needed as evidence he or she is unlikely to release it. I would recommend that you call detective, explain the problem, and ask for his help. In my experience (in Franklin County) the property room clerk is much more likely to respond to a release by the officer than he is to a Court Order.

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Answered on 3/23/10, 6:55 am


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