State v. Belton

• Decision Date: 20 April 2016
• Docket Number: No. 2012–0902.,2012–0902.
• Citation: 74 N.E.3d 319,2016 Ohio 1581,149 Ohio St.3d 165
• Parties: The STATE of Ohio, Appellee, v. BELTON, Appellant.
• Court: Ohio Supreme Court

149 Ohio St.3d 165

74 N.E.3d 319

2016 Ohio 1581

The STATE of Ohio, Appellee,

v.BELTON, Appellant.

No. 2012–0902.

Supreme Court of Ohio.

Submitted Jan. 26, 2016.

Decided April 20, 2016.

Julia R. Bates, Lucas County Prosecuting Attorney, and Evy M. Jarrett, Assistant Prosecuting Attorney, for appellee.

Spiros P. Cocoves and Jeffrey P. Nunnari, Toledo, for appellant.

KENNEDY, J.

{¶ 1} In 2008, defendant-appellant, Anthony Belton, robbed a gas-station convenience store and murdered Matthew Dugan, the attendant working in the store. Belton entered a no-contest plea to charges of aggravated robbery and aggravated murder with capital specifications, and a three-judge panel sentenced him to death.

{¶ 2} Belton's appeal of right is now before us. For the reasons explained below, we reject each of Belton's propositions of law and affirm his convictions and death sentence.

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Pretrial Background

{¶ 3} In August 2008, the state charged Belton with one count of aggravated murder, R.C. 2903.01(B) and (F), and two counts of aggravated robbery, R.C. 2911.01(A). The aggravated-murder charge carried two death specifications, R.C. 2929.04(A)(3) (murder to escape detection) and 2929.04(A)(7) (felony murder). In addition, all three counts carried a firearm specification, R.C. 2941.145.

{¶ 4} The trial was originally scheduled for March 2, 2009. However, the trial court granted several continuances so that the parties would have sufficient time to investigate, complete discovery, and consult experts.

{¶ 5} The trial was also delayed because the trial court devoted significant attention to three constitutional arguments raised by the defense. First, Belton's counsel filed a motion to suppress the statements Belton made to police on August 14, 2008. Second, Belton argued that R.C. 2929.03 and Crim.R. 11(C)(3) are unconstitutional because they do not allow a capital defendant to have a jury determine his or her sentence if the defendant enters a plea of guilty or no contest.¹ Finally, trial counsel sought discovery on a selective- prosecution claim. After briefing and oral argument, the trial court rejected Belton's claims and his discovery request.

{¶ 6} In April 2012, Belton waived his right to a jury and entered a plea of no contest to all charges. The trial court convened a three-judge panel to conduct a plea hearing on April 2, 2012.

B. Evidence Presented at the Plea Hearing

1. The State's Evidence

a. The robbery and murder

{¶ 7} On August 13, 2008, 34–year–old Matthew Dugan was working the night shift at a BP carryout and service station located at the intersection of Secor and Dorr Streets in Toledo. Four store security cameras were operational during Dugan's shift.

{¶ 8} Security recordings show a man entering the carryout at 6:53 a.m.² The man, who was wearing a dark hooded jacket and appeared to be African–American, left the store when another customer entered. At 6:55 a.m., the man reentered the store, selected two bottled drinks from the cooler, and brought them to the checkout counter. At that point, another customer entered the store, and the man left again. Dugan helped the other customer, then returned the bottled drinks to the cooler.

{¶ 9} At 7:00 a.m., the man entered the store a third time. He again selected two drinks and walked to the counter. Dugan began to ring up the sale, then turned around to get something from the wall behind the counter. When Dugan turned back around, the man was pointing a handgun at him.

{¶ 10} The recording shows Dugan leap back, raising his hands. Dugan opened the register, removed bills from the drawer, and gave them to the man. Then Dugan retrieved some items from the wall behind the counter for the man. The man gestured toward something else behind Dugan, and Dugan turned around. The man then leaned forward, raised the gun, and fired at the back of Dugan's head. Dugan fell to the floor, and the shooter left the store.

{¶ 11} Recordings indicate that several customers entered and left the carryout after Dugan was shot, apparently without noticing his body behind the counter. Customer Tiffany Greenlee testified that she intended to purchase coffee and a muffin from the carryout that morning, but she could not find an employee to ring up her sale. Greenlee set her items on the counter and left. On her way out, Greenlee looked in the store window and saw a man on the floor behind the counter, lying in a pool of blood. Greenlee called 9–1–1 at 7:40 a.m.

b. Investigation

{¶ 12} Police quickly responded and secured the scene. Police identified the victim as Dugan. The owner of the carryout, Samuel Baiz, informed police that $600 and several prepaid phone cards were missing from the store.

{¶ 13} Detective William Goetz recovered a spent 9 mm shell casing near the cash register and a spent projectile two to three feet from Dugan's body. Police also photographed and collected paper money and coins that were lying on the checkout counter, along with two perspiring drink bottles, a muffin, and a bottled cappuccino. A printout from the cash register showed that the last transaction that morning was at 7:00 a.m.

{¶ 14} Detective Goetz reviewed the store's security recordings, and Detective Jeffrey Clark coordinated a canvass of the area. Clark testified that during the canvass, an employee at a nearby business gave him the name "Anthony Beltran" as a possible suspect.

{¶ 15} Clark returned to police headquarters, where he ran the name "Anthony Beltran" through a database. According to Clark, his search generated 11 names, including two African–American males. One of the two was Anthony Belton, whose last known address was 934 Cuthbert.

{¶ 16} Clark mentioned Belton's name to Detective Jason Lenhardt. Lenhardt told Clark that he knew Belton and had last seen him around 9:00 p.m. on August 12, 2008. He also informed Clark that Belton had recently moved to 1018 Ranch, which was located one-half mile from the BP. At the plea hearing, Lenhardt testified that on August 12, Belton had a Mohawk and was wearing a black hooded sweatshirt, gray cargo pants, and black sneakers (which matched the clothing worn by the perpetrator in the surveillance video).

{¶ 17} Clark obtained a search warrant for 1018 Ranch and executed the search with Lenhardt, Goetz, and other officers on the evening of August 13. Police found three men at the location: Belton, Dymon Bolton, and Christopher Wilson. Belton and Bolton were inside a 1997 Buick that was parked in front of the house. Lenhardt noted that Belton was still wearing gray cargo pants and black sneakers, but he was wearing a black t-shirt instead of the sweatshirt and his Mohawk had been shaved.

{¶ 18} Detective Jerry Schriefer collected fingerprints from the Buick, and at Belton's request, Detective Lenhardt retrieved two pairs of new sneakers (and corresponding receipts) from the car. Lenhardt also seized two black hooded sweatshirts that were on top of a car parked in the driveway of 1018 Ranch.

{¶ 19} Officers took Belton, Bolton, and Wilson into custody and took them to headquarters.

c. Belton's interrogation and arrest

{¶ 20} Detectives Clark and Kermit Quinn interviewed Belton twice on August 14; the first interview began at 12:50 a.m. After executing a written waiver of his Miranda rights, see Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), Belton provided several conflicting accounts of the events of August 13. The state introduced video recordings of Belton's interviews at the plea hearing.

{¶ 21} In response to police questioning, Belton initially denied involvement in the robbery or murder. He told detectives that he had shaved his Mohawk the night before because he lost a bet. Belton said that he had spent the night at his brothers' apartment. Around 9:30 a.m., he went to his own neighborhood to try to sell some drugs because he needed money. Belton noticed that there were a lot of police around, so he stopped by his mother's house, and she told him about the murder. Later, Belton went to Burger King and then the mall, where he bought sneakers.

{¶ 22} After further questioning, Belton admitted some involvement in the robbery. According to Belton, he was driving around with a man named "D," who suggested that Belton rob someone. D gave Belton a gun to use and Belton entered the BP twice. Each time, he picked up two sodas but then left the store because customers came in and Belton was concerned that he might get caught. But Belton denied entering the store a third time. Instead, he said that D had entered the store, wearing a black hoodie, while Belton and Bolton waited in the car. After Belton heard a pop, he drove down the street to pick up D. D reported that he had shot the clerk in the back. The men went to Belton's brothers' apartment, where they counted and divided the money. Belton's share was $170.

{¶ 23} Finally, Belton admitted that he had shot the clerk. Belton said that he did not mean to kill Dugan, but "the gun went off" when he "went to put the safety on." At this point in the interview, Belton agreed to help Detectives Clark and Quinn find the firearm.

{¶ 24} Officer Lenhardt and Ruben Jurva transported Belton to 1018 Ranch around 3:00 or 4:00 a.m. Officer Jurva located a Hi–Point 9 mm handgun under a log in the yard. The firearm had three live cartridges in the magazine and one in the chamber. The grip on the gun was broken, and police were unable to locate the missing pieces.

{¶ 25} After returning to the station, Detectives Quinn and Clark interviewed Belton a second time, beginning at 5:34 a.m. Before questioning began, Clark reminded Belton of his Miranda rights.

{¶ 26} During this interview, Belton admitted that he had owned the gun for about a month but claimed that he did not know it was loaded. With respect to the shooting, Belton insisted that he had only clicked the safety button on the weapon but he had not pulled the trigger. He said that he regretted everything and that he was sorry he had killed...