Butler County Prosecutor Michael Gmoser told the Journal-News a day after the incident that video from a neighbor’s doorbell camera appeared to show Justin Glenn acted in self-defense when he fatally shot his brother.
But additional security camera videos and more investigation determined that although both men were armed and appeared to be engaged in mutual combat, Justin Glenn was the aggressor, Gmoser said.
“What happens with a mutual combat is you lose your ability to claim mutual combat as a defense when there are elements that you are the aggressor,” Gmoser said, noting it was not a situation the victim initiated.
The incident happened at about 6:35 p.m. that day. There was an argument in front of the house. Gmoser said that the evidence shows that both brothers fired shots.
While paramedics were treating Jason Glenn, his brother drove to Kettering Health Hamilton, formerly Fort Hamilton Hospital. Justin Glenn had a child with him who was not injured, according to police.
A child told dispatchers in a 911 call placed from a car rushing to the ER, “My dad got shot in the head.”
Justin Glenn, is heard yelling in the background, “We are on our way to the hospital. My brother shot me.”
He went into the hospital lobby with a 9mm handgun and placed it on the front desk counter, according to police.
Justin Glenn is housed in the Hamilton County Jail for a drug charge in that county. A warrant for his arrest on the murder charge has been issued, according to court records.
According to the Hamilton police report, “(Justin) and his brother got into a physical altercation that led to the defendant shooting his brother, and firing several more shots in the air. (Justin) then fled the scene and ended up at the hospital to seek medical attention.”