State v. Collins, 2005 Ohio 1642 (OH 4/5/2005)

Decision Date05 April 2005
Docket NumberCase No. 2003-CA-0073.
Citation2005 Ohio 1642
PartiesState of Ohio, Plaintiff-Appellee, v. George Collins, Defendant-Appellant.
CourtOhio Supreme Court

Brent N. Robinson, Richland County Prosecutor, 38 South Park Street, Mansfield, OH 44902, for Plaintiff-Appellee.

Gerald T. Noel, Jr., 555 S. Third Street, Columbus, OH 43215, for Defendant-Appellant.

Hon: John F. Boggins, P.J., Hon: W. Scott Gwin, J., Hon: Julie A. Edwards, J.

OPINION

GWIN, P.J.

{¶1} Defendant-Appellant George Collins appeals from his convictions and sentences in the Richland County Court of Common Pleas on one count of murder with a gun specification and two counts of felonious assault each with a gun specification. Plaintiff-Appellee is the State of Ohio.

{¶2} On the evening of December 14, 2002 and into the early morning hours of December 15, 2002, Mario Davis had a birthday party at the Parke Place Hotel in Mansfield, Ohio. The defendant who is from Columbus, Ohio attended the party with two friends from Detroit, Michigan. One of the friends was Antonio Maurice Allen aka "Snoop". The other friend was Lael Coleman.

{¶3} The party was held in the basement of the building. Security patted down and searched everyone going into the party for weapons. At some point during the party, there was a short argument/disturbance which led to a fight between two females, Tina Hively and Karen Matthews. Security promptly removed Ms. Hively from the party. This disturbance appeared to upset one of the appellant's friends. Arguments started with not only security, but with other people attending the party. "Snoop" was causing a problem by spilling champagne on a dance floor. The problems between the so-called Detroit boys and the so-called Mansfield boys continued to escalate causing security to break up the party. The melee spilled out into the hallway outside the ballroom. A security guard sprayed pepper spray which caused everyone to leave from the room.

{¶4} Karen Mathews testified that she saw Tina Hively outside in the parking lot on the ground crying. "Snoop" came outside and stated, "This is my bitch. You better not touch her. This is my money maker. Ain't nobody going to mess with her." Snoop continued saying, "Anyone fuck with her, got to fuck with me."

{¶5} Darren Barber testified that appellant was blocking the exit door to the parking lot shooting into a crowd of people in the parking lot. Mr. Barber stated he was standing right behind the appellant when this occurred, but that the appellant did not notice him there because he was so intense on shooting into the crowd of people outside.

{¶6} Frank Jenkins testified that he was head of the security detail at the party. He observed the appellant, "Snoop", Lael Coleman and Marcus Jones causing trouble at the party by taunting and cursing the Mansfield people at the party. The decedent, Robert Clark was not causing any problems at the party and was not arguing with the appellant or the appellant's friends. Mr. Jenkins patted down Mr. Clark that night and Mr. Clark did not have a weapon on him.

{¶7} Robert Clark was shot three (3) times and died in the parking lot of the hotel. After the shooting was over, the appellant's friends, "Snoop" and Lael were celebrating around Robert Clark's body and asking the people in the crowd if anyone else wanted to "lay down like this nigger here," referring to Robert Clark. "Snoop" had on cream-colored shoes while he danced in Robert Clark's blood. Snoop's creamcolored shoes were introduced into evidence at trial.

{¶8} The appellant fled to his aunt's house to dispose of the murder weapon. The appellant's aunt, Betty Cobb, testified that she lived near the scene of the murder. She testified that the appellant was her nephew as was a Mr. Raymond Osborn. Ms. Cobb testified that the appellant and Mr. Osborn knocked on her door immediately after the shooting at the Parke Place Hotel. She testified that the appellant was sweating profusely and was a ball of nerves. Raymond Osborn was furious with the appellant because the appellant had just "shot someone for no reason at all". Mr. Osborn told Ms. Cobb he was so upset he could "knock the shit" out of the appellant.

{¶9} The appellant began to tell his aunt about what he had done. He told her the Mansfield "niggers" were upset with him and his friends at the party because he and his friends dressed better, had more money, and more women than the Mansfield "niggers". He said this upset "Snoop". "Snoop" went to their hotel room to get a gun. He and "Snoop" went outside with the gun. "Snoop" was pointing the gun at the Mansfield boys, but then "Snoop" froze and did not pull the trigger. Since "Snoop" froze, the appellant told his aunt he grabbed the gun away from "Snoop" and he just started "spraying them niggers, capping their asses". The appellant then went into the bathroom of Ms. Cobb's house and hid the murder weapon in the trash can. Ms. Cobb admitted she got scared and wiped the gun down and tried to hide it outside, but the police found it. Ms. Cobb testified the cause of the shooting, according to the appellant, was a verbal altercation with the Mansfield boys at the party, not a physical altercation.

{¶10} William Taylor testified that appellant shot him at point blank range in the parking lot. Mr. Taylor was so close to the appellant that he could feel the fire from the gunshots. He did not realize that he had been shot at first, but when he realized that appellant had in fact shot him he went to the hospital and was treated for a gun shot wound to the shoulder. Jimmy Javell Likely testified that he was shot twice as he was attempting to leave the parking lot. He did not see who shot him. He was shot in the back and in the arm. Mr. Likely also went to the hospital for treatment.

{¶11} Detective Pat Brooks of the Columbus Police Department testified that appellant had been a confidential informant with the Columbus Police Department in the past and that is how the officer knew him. The appellant was not working as a confidential informant when he came to Mansfield on December 14, 2002. The day after the shooting the defendant called Detective Brooks stating he was in trouble and needed to talk. He sounded distressed so Detective Brooks immediately returned the appellant's call. While on the telephone appellant told Detective Brooks that he was at a party in Mansfield when a fight broke out and that he shot someone. Appellant agreed to turn himself in because he had heard someone had been killed. Detective Brooks, together with two agents from the Drug Enforcement Agency ["DEA"], transported appellant to the Mansfield police department. While en route appellant explained to Detective Brooks that he picked up "Snoop's" gun and began shooting after a scuffle broke out.

{¶12} Detective Steven Burst testified that appellant was informed of his constitutional rights and signed a written waiver of those rights. Appellant gave a taped statement in which he confessed to shooting into the crowd of people in the hotel parking lot. Detective Brian Cassidy of the Mansfield Police Department was also present during the appellant's confession.

{¶13} Willie Evans testified that he was cell mate of the appellant in the Richland County Jail. The appellant admitted to Mr. Evans that he intentionally shot the first victim and then he shot the next two because they tried to help the first victim.

{¶14} The defense called two witnesses. Defense witness Mark Barber testified that 15 to 30 shots were fired inside the hotel. Mr. Barber could not explain why the police found no spent cartridges or damage inside the hotel. He speculated that maybe DEA agents had cleaned up the hotel for the appellant before the police arrived on the scene.

{¶15} The second defense witness called was Jeremy Beidelschies. He testified that shooter chased Robert Clark around a red Oldsmobile and then shot him dead. On cross-examination, when the prosecutor had Mr. Beidelschies look at some photos, Mr. Beidelschies picked out the appellant as the person who shot and killed Robert Clark.

{¶16} The appellant was found guilty after a jury trial of the murder of Robert Clark and the accompanying gun specification. Appellant was also found guilty of two counts of felonious assault with gun specifications for shooting and wounding Jimmy Jevel Likely and William Taylor. The appellant was sentenced to 15 years to life plus 3 years consecutive on the gun specification for murder of Robert Clark. Appellant was further sentenced to 5 years of prison for the felonious assault on Jimmy Jevel Likely and 3 years prison for the felonious assault to William Taylor. The felonious assault sentences run consecutively to each other and consecutive to the murder and gun specification sentence. Appellant further pled guilty to one count of having weapons while under disability. The court sentenced appellant to the minimum sentence of six months in prison concurrently to the other counts. Appellant's aggregate sentence is a total of 26 years to life in prison.

{¶17} Appellant timely appealed and submits the following seven assignments of error for our consideration:

{¶18} "I. The verdict of guilty to murder was contrary to the weight of the evidence.

{¶19} "II. Defendant's sixth amendment rights were denied due to ineffective assistance of his trial counsel.

{¶20} "III. The court erred when it ordered defendant to serve consecutive sentences.

{¶21} "IV. The trial court erred when it instructed the jury that defendant/appellant had to prove the lesser included offense.

{¶22} "V. O.R.C. 2903.02 (b) is unconstitutional when the underlying felony is felonious assault.

{¶23} "VI. The trial court committed plain error when it failed to instruct the jury on involuntary manslaughter.

{¶24} "VII....

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