Judge sentences man to five years community control on gun charge after murder acquittal
LANCASTER − Fairfield County Common Pleas Court Judge Richard Berens sentenced Cody Blaine to five years of community control for having a firearm under disability related to the 2022 shooting death of Justin Pierce.
Berens also sentenced Blaine to six months of substance abuse rehabilitation and mental health treatment at the Northwest Community Corrections Center in Bowling Green. He must first complete the treatment before the community control period starts.
A jury earlier this month found Blaine not guilty of murder and aggravated murder charges involving Pierce's death. The jury found that Blaine acted in self-defense. However, because of a gross sexual imposition conviction as a juvenile he was not allowed to own a firearm as an adult, thus the current charge.
Blaine was facing a maximum 36-month prison sentence and has already served 498 days in the county jail on the gun charge.
"Given the extremely limited availability of counseling and treatment services at state prisons it's unlikely that Mr. Blaine would receive meaningful treatment and counselling while serving a prison term," Berens said. "Especially in comparison to the treatment and counseling that Mr. Blaine can receive while he is incarcerated at a community-based correctional facility, which is an arm of the Ohio Department of Rehabilitations and Corrections."
Berens said Blaine has a long history of drug abuse, and more recently methamphetamine use.
Blaine, 29, was accused of fatally shooting Pierce, 32, on July 13, 2022, at the Colonial Estates Trailer Park.
Blaine told deputies he had a physical confrontation with Pierce following a dispute before Pierce was shot.
"We respect the jury's verdict on this," County Prosecutor Kyle Witt said. "It's obviously not the outcome that we wanted or that we were hoping for. We charge cases that we think have merit. This was a difficult case and a difficult set of circumstances. Justin Pierce was the victim in this case. He lost his life. Cody Blaine took it. The jury obviously reached a conclusion that the state did not prove beyond a reasonable doubt that it was not self-defense."
Witt said state law has recently changed the way self-defense cases are litigated. He said before a defendant had to prove they acted in self-defense. But now the state must prove beyond a reasonable doubt a defendant did not act in self-defense, Witt said.
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This article originally appeared on Lancaster Eagle-Gazette: Local man gets five years community control on gun charge
