DAYTON — A Coshocton County man previously convicted of killing a Miamisburg High School senior in 2018 has been granted a retrial.
The retrial for Chaz Gillilan, 34, began Monday with jury selection and opening statements.
Gillilan was convicted in 2021 of murder, felonious assault, aggravated robbery, aggravated burglary, possession of criminal tools, tampering with evidence, and having weapons under disability in connection to the death of Noah Kinser.
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He was sentenced to 30 years to life in prison after his conviction.
Gillilan filed an appeal with the 2nd District Court of Appeals of Ohio in June 2021, according to Montgomery County Common Pleas Court records. A judge reversed the conviction and ordered a new trial in February 2023.
In the decision ruling in favor of a retrial, a judge ruled that the trial incorrectly instructed the jury on the law of self-defense, specifically whether the state of the defense had the burden to prove Gillilan’s claim of self-defense.
Kinser was shot and killed during a home invasion on Dec. 30, 2018, in an apartment on North First Street in Miamisburg.
Gillilan was one of four people that face charges in the case, but prosecutors made it clear during the initial trial that they believed he fired the shots that ended Kinser’s life.
As News Center 7 previously reported, prosecutors told a jury that Gillilan came to Dayton from Columbus, met up with several other people, and drove to Miamisburg, planning to rob Kinser whom prosecutors admitted had been selling marijuana.
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Gillilan’s lawyers had a different version of the events, calling the incident “a drug deal gone bad.”
Lawyers claim Kinser had an AK-47 rifle, locked, loaded, and ready to fire when Gillilan and another man entered the bedroom where Kinser and a teen girl were. They claim Kinser then grabbed the rifle and opened fire.
“He had two options, lay down and die from that AK-47 or fight back,” John Pinard, Gillian’s attorney said.
Gillian’s lawyers plan to argue self-defense again and this time the State will have to prove it wasn’t.
After opening statements, there were two witnesses called to the stand as the prosecution began laying out their case.
News Center 7 will continue to follow this story and update as new information becomes available.