State v. Baker
| Decision Date | 01 June 2022 |
| Docket Number | CT2021-0041 |
| Citation | 2022 Ohio 1853 |
| Parties | STATE OF OHIO Plaintiff-Appellee v. TRISTANEY BAKER Defendant-Appellant |
| Court | Ohio Court of Appeals |
Criminal Appeal from the Court of Common Pleas, Case No CR2021-0262
For Plaintiff-Appellee
RONALD L. WELCH
PROSECUTING ATTORNEY
TAYLOR P. BENNINGTON
ASSISTANT PROSECUTOR
For Defendant-Appellant
PETER GALYARDT
ASSISTANT PUBLIC DEFENDER
{¶1} Defendant-Appellant Tristaney Baker appeals her conviction and sentence entered in the Muskingum County Court of Common Pleas, following a plea of guilty.
{¶2} Plaintiff-Appellee is the state of Ohio.
{¶3} The relevant facts and procedural history are as follows:
{¶4} On April 27, 2021, officers with the Zanesville Police Department were dispatched to 46 South Sixth Street Apartment 2, in Zanesville, Ohio, at approximately 7:00 p.m., in reference to a woman who had been shot.
{¶5} The caller, Patrick Downs, stated he had just arrived back at his apartment and found the woman dead in the apartment. Upon arrival, the officers found that the victim had been shot multiple times. Six 9-millimeter shell casings were located at the scene. No gun was located at that time.
{¶6} Detective Chris Andrews spoke with Mr. Downs, who identified the victim as Jayla Wyatt. Downs told the police that Ms. Wyatt had recently started staying with him, and that he believed that the person who shot her was his girlfriend, Kristin Baker. Downs stated that earlier in the day he had talked with Kristin and she told him that she would be over later to pick up some personal belongings. It was later determined that Kristin's real name was Tristaney Baker.
{¶7} Downs told the officers that before the incident had occurred, he was told that Kristin was outside his apartment building. He stated he went outside about five minutes later and he and Kristin had a conversation in his car and then she left. He told the police that he had been gone for approximately forty-five minutes when he received a call from Michael Seevers telling him that Jayla was dead in his apartment.
{¶8} Downs stated that Kristin and Jayla had verbal altercations within the past week and were feuding. He stated that the day before, Appellant had come to his apartment, caused a disturbance, and ended up breaking a window to the apartment before she left. Downs told the police that Kristin was driving a blue car that is owned by her current boyfriend, whose name he did not know.
{¶9} While conducting interviews in this area, Detective McElhaney spoke to a woman that was exiting a business near the 46 South Sixth Street apartment building at the time of the incident. She was walking in the parking area between the two buildings to go to her vehicle. While she was attempting to cross the alley, a two-door sports car, robin egg blue in color, drove south in the alley in the rear of 46 South Sixth Street. The blue vehicle then backed in to the rear of the building and parked near the dumpster. The witness observed a young, white male having short light-colored hair possibly wearing a blue hoodie in the driver's seat. She noticed that the front bumper of the car on the driver's side had something hanging down from it. Continuing to her car, she heard three to four, what she believed to be, gunshots. She then began walking back to the rear of the neighboring business. As she was crossing in front of the blue car, she observed a brown and white pit bull come running from the rear of 46 South Sixth Street. She observed a female exit from the same location describing the female 5-4 to 5-5 height, extremely skinny, wearing shorts and possibly a hoodie, and having dirty blonde or light brown hair. She stated the female went to the blue car and opened the door. At that time the witness asked this female if the dog was hers, and the female replied no. The female got into the vehicle and left going south in the alley. Located directly behind the 46 South Sixth Street apartment building is a dance studio business with outside surveillance cameras. Surveillance video showed a blue car, as described by the witness, parked in the parking lot apartments at the dumpster. Video shows a skinny female wearing shorts and hoodie exit the vehicle and go towards the apartment building. A short time later, she is again observed returning quickly back to the vehicle.
{¶10} While detectives are on scene, Denzil Wilson arrived at the apartment building. He stated that he and Jayla were on-again-off-again boyfriend and girlfriend. He stated he had gone to Downs' apartment the day prior to try to get Jayla to leave, but she would not go with him. He further stated that Patrick's ex-girlfriend is a female by the name of Tristaney Baker, who lives in Columbus, and knew that she had been back within the last few weeks to visit this apartment.
{¶11} Evidence was collected at the scene, including DNA and biological evidence, and six (6) spent 9-millimeter shell casings which were collected from the entryway of the apartment in to the living room area. A cell phone was also located. The screen of the phone had a photo of two small children belonging to Jayla Wyatt.
{¶12} Detective Andrews received written consent from Patrick Downs to have a forensic download of his cell phone, where they obtained a number for Kristin with a "K". Upon download, the photo of the person utilizing the 614 number that was found under "K" in Patrick Downs' phone matched the description given of the suspect and OHLEG (Ohio Law Enforcement Gateway) photograph of Tristaney Cheylynn Baker. The address attached to her phone and phone number was 73 Mayfield Boulevard in Columbus, Ohio. {¶13} Detective Andrews conducted an audio-video, recorded interview with Denzil Wilson. Police also recovered Wilson's phone, which showed that there was a call between Tristaney Baker and Denzil Wilson just after the incident. An exigent circumstance order was obtained by Detective Sergeant Phil Michel for the phone number belonging to Tristaney Baker. The order revealed the number was active in cell towers in the area of State Route 13 near Hupp Road just after the shooting. The exigent order also showed the current location of the phone to be at 73 Mayfield - Mayfair Boulevard, Apartment C, in Columbus, Ohio. A complaint was then filed for Tristaney Baker for murder.
{¶14} Columbus Police Department went to the residence and took Tristaney Baker into custody. Also at the residence was Devin McKnelly, Tristaney Baker's boyfriend. No firearms were recovered at that location. Devin McKnelly was driving a blue in color Honda car, which was located near the apartment and was taken in to evidence. The vehicle matched the vehicle seen in the security video leaving the scene of the shooting.
{¶15} Detective Andrews located an address for Emily McKnelly at 7606 Hupp Road in Thornville in Licking County. This address was near where the pings from the exigent order were coming from just after the shooting. Devin McKnelly indicated he had a room at that residence.
{¶16} On April 28, 2021, Detective Andrews went to the Hupp Road, Thornville, address and spoke to Delana Nelson. Delana Nelson advised that she was house-sitting for Emily McKnelly and her son. Detective Andrews asked if Devin McKnelly had been to the house. She stated that he had been to the house with Tristaney about 6 to 7 p.m. on April 27th. Delana recalled that Devin had gone up to his room and left a short time later.
{¶17} On April 28, 2021, the police also interviewed Kayla Craig wherein she stated that Appellant admitted to shooting a girl about ten times. Craig described that Appellant was jealous of the girl in reference to a drug-dealer boyfriend. Appellant told her she shot the victim in the thigh and just kept shooting until she was out of bullets. Appellant also said that the girl that was there had a pit bull. Craig described Appellant as being proud of what had occurred and showing no remorse. Craig also stated that Devin McKnelly told her that he got Appellant the gun and she believed that he got it from his mom's house.
{¶18} On April 28, 2021, Devin McKnelly was interviewed by detectives. He initially denied having any knowledge of the homicide, later admitting that he obtained the firearm for Appellant, provided her with transportation from Columbus to Thornville to get the gun and then from Thornville to Zanesville. He stated that Appellant had said that she wanted to shoot Wyatt, although he believed that she was joking. He stated that he took a ride back to Thornville where he then concealed the gun in a shoebox in his brother's closet. He then returned to Columbus with Appellant.
{¶19} Appellant denied being involved in the shooting. Located in the vehicle that was searched by BCI were latex gloves which appeared to have gunshot residue between the thumb and forefinger.
{¶20} The autopsy determined that the victim had suffered from six gunshot wounds, several to the legs, body, and one directly to the face. This all occurred in Muskingum County.
{¶21} On May 13, 2021, Appellant was indicted on the following counts:
To continue reading
Request your trial