State v. Wolford, 14-07-10 (12-3-2007)

OPINION

{¶ 1} Defendant-appellant, Earl Wolford (hereinafter "Wolford"), appeals the judgment of the Marysville Municipal Court, Union County. For the reasons that follow, we reverse.

{¶ 2} On January 6, 2006, at approximately 8:00 p.m., an unfamiliar vehicle pulled into Wolford's driveway and drove towards Wolford's home and garage. Wolford yelled towards the vehicle, and the vehicle did not respond. Wolford used the firearm that he carried and shot a warning shot into the air. The vehicle did not move, so Wolford shot another warning shot into the air. The vehicle moved away from Wolford's…