State v. Gilcrease
| Decision Date | 13 February 2020 |
| Docket Number | No. 108148,108148 |
| Citation | 2020 Ohio 487 |
| Parties | STATE OF OHIO, Plaintiff-Appellee, v. RODERICK GILCREASE, Defendant-Appellant. |
| Court | Ohio Court of Appeals |
Criminal Appeal from the Cuyahoga County Court of Common Pleas
Appearances:
Michael C. O'Malley, Cuyahoga County Prosecuting Attorney, and Brian D. Kraft, Assistant Prosecuting Attorney, for appellee.
The Law Offices of Eric L. Foster, and Eric L. Foster, for appellant.
{¶ 1} Defendant-appellant Roderick Gilcrease appeals from the trial court's judgment of conviction and sentence entered by the Cuyahoga County Court of Common Pleas following a bench trial in which he was found guilty of two counts of improperly discharging into habitation, three counts of discharge of a firearm on or near prohibited premises, one count of tampering with evidence, and two counts of carrying a concealed weapon. After a thorough review of the record, we find the trial court did not err in denying Gilcrease's motion for a mistrial, Counts 1 through 4 were supported by sufficient evidence, Gilcrease's convictions for Counts 1 through 4 and Count 19 were not against the manifest weight of the evidence, and the trial court's imposition of a consecutive sentence was supported by the record. We therefore affirm Gilcrease's convictions and the trial court's imposition of consecutive sentences. Because we find, however, that the trial court failed to sentence Gilcrease in open court on Count 13, carrying a concealed weapon, we vacate the sentence imposed on this count alone and remand for the limited purpose of resentencing on Count 13.
{¶ 2} On October 10, 2017, Gilcrease was charged in a 20-count indictment, arising from four separate incidents on three different dates. The charges pertaining to an incident on May 14, 2017, involve two "house shootings" and include: Count 1 — improperly discharging into habitation in violation of R.C. 2923.161(A)(1) (victim, Orvis Alexander); Count 2 — discharge of firearm on or near prohibited premises in violation of R.C. 2923.162(A)(3); Count 3 — improperly discharging into habitation in violation of R.C. 2923.161(A)(1) (victim, Sondi Robinson); and Count 4 — discharge of firearm on or near prohibited premises inviolation of R.C. 2923.162(A)(3). Counts 1, 2, and 4 include one- and three-year firearm specifications.
{¶ 3} The charges pertaining to an incident on or about June 2, 2017, involve a shooting at a gas station and include: Counts 5 through 10 — felonious assault in violation of R.C. 2903.11(A)(2) (); Count 11 — discharge of firearm on or near prohibited premises in violation of R.C. 2923.162(A)(3); Count 12 — tampering with evidence in violation of R.C. 2921.12(A)(1); and Count 13 — carrying a concealed weapon in violation of R.C. 2923.12(A)(2). Counts 5 through 10 include one- and three-year firearm specifications.
{¶ 4} The charges pertaining to an incident on June 26, 2017, occurring on a public roadway, include: Count 14 — aggravated murder in violation of R.C. 2903.01(A) (victim, Dominique Robinson); Count 15 — murder in violation of R.C. 2903.02(B) (victim, Dominique Robinson); Count 16 — felonious assault in violation of R.C. 2903.11(A)(1) (victim, Dominique Robinson); Count 17 — felonious assault in violation of R.C. 2903.11(A)(2) (victim, Dominique Robinson); Count 18 — felonious assault in violation of R.C. 2903.11(A)(2) (victim, Raheem Overby); Count 19 — discharge of a firearm on or near prohibited premises in violation of R.C. 2923.162(A)(3); and Count 20 — carrying a concealed weapon in violation of R.C. 2923.12(A)(2). Counts 14 through 19 include one-, three-, and five-year firearm specifications.
{¶ 5} Having waived his right to a jury trial, this matter proceeded to a bench trial on October 22, 2018. At the close of the state's evidence, the court granted Gilcrease's Crim.R. 29 motion for dismissal regarding Counts 5 through 11 and Count 14, and the state moved the court to dismiss the five-year firearm specification in Count 19. The court then found Gilcrease guilty on Counts 1 through 4, 12, 13, 19, and 20. The court found Gilcrease not guilty on Counts 15 through 18.
{¶ 6} On January 15, 2019, the court imposed the following prison sentence: Count 1 — 8 years on the underlying offense and 3 years on the firearm specification; Count 2 — 3 years on the underlying offense and 3 years on the firearm specification; Count 3 — 7 years; Count 4 — 3 years on the underlying offense and 3 years on the firearm specification; Count 12 — 15 months; Count 13 — 15 months; Count 19 — 10 years on the underlying offense and 3 years on the firearm specification; and Count 20 — 15 months. The court merged the firearm specifications in Counts 1 and 2 and ordered them to be served concurrently. The court also ordered the firearm specifications in Counts 4 and 19 to be served consecutively to each other and consecutive to the firearm specifications in Counts 1 and 2, for a total prison term of 9 years on the specifications.1 The court then ordered the sentences on the underlying offenses in Counts 2 and 4 to be served consecutively and the sentences on the underlying offenses in Counts 1, 3, 12, 13, 19,and 20, to be served concurrently to each other but consecutive to the sentences in Counts 2 and 4, for a total prison term of 16 years on the underlying offenses. Gilcrease's aggregate prison term is 25 years.
{¶ 7} Gilcrease now appeals, raising four assignments of error:
{¶ 8} Sondi Robinson testified that in May 2017 she lived on Maud Avenue in Cleveland, Ohio, with her son, Dominique Robinson ("Dominique"). Ms. Robinson testified that on the evening of May 14, 2017, someone shot at her house. She explained that she was getting a drink from her refrigerator when she heard glass popping and then she heard gunshots. She stated that she heard gunshots "across the front of my porch * * * coming through the window, through a dresser into the living room, [and] through the front door into the kitchen." Ms. Robinson observed damage caused by bullets to several parts of her home, including the front porch, window, living room dresser, and front door to her kitchen. Her son was not at home at the time of the shooting but she phoned him and told him what happened. Ms. Robinson phoned the police.
{¶ 9} Ms. Robinson also testified regarding how she learned that her son Dominique had been killed one month after the shooting into her home, in June 2017. She received a phone call from her son's friend on the evening of June 26, 2017, advising her that she should get to the hospital. Ms. Robinson ultimately learned that her son had died.
{¶ 10} Cleveland police officer Eric McGreer was on patrol with his partner when he received a call from dispatch concerning shots fired into a residence on Maud Avenue. Officer McGreer observed empty bullet casings in the front of the house and inside the house, as well as two bullet fragments inside the home. He ultimately collected a total of 12 casings, including six .40 caliber casings and six 9 mm casings, from the front yard of the house, the sidewalk, and the street. The casings did not appear to be weathered or damaged. The officer then submitted the casings as evidence.
{¶ 11} Orvis Alexander testified that in May 2017 she lived on Simon Avenue in Cleveland, Ohio. She lived near Maud Avenue, where Ms. Robinson lived. Ms. Alexander testified that she knew Ms. Robinson from the neighborhood.
{¶ 12} Ms. Alexander testified that on the evening of May 14, 2017, she returned home very late and discovered that her house had been "shot up." She observed several bullet holes throughout the house, including the front porch banister, a window, and the side of the house. Some of the damage was observedfrom within the home, including bullet holes in the living room wall. Ms. Alexander also phoned the police.
{¶ 13} Cleveland police officer Anglly Gaviria responded to the scene of shots fired into a habitation on Simon Avenue on May 14, 2017. She observed several bullet holes "going from the front of the house * * * all the way to the rear where the kitchen was [located]." Upon investigation, the officer recovered 31 bullet casings located on the street in front of the house, which included fourteen .40 caliber casings and seventeen 9 mm casings, and submitted them as evidence.
{¶ 14} Latasha Minter knew Dominique and his mother from the neighborhood. She testified that she used to stay a couple of houses away from his house on Maud Avenue. Minter also knew Gilcrease "through [her] sister." She testified that she had "more than a friendship" with Gilcrease approximately ten years ago.
{¶ 15} Minter testified concerning the incident that occurred at the Sunoco gas station on June 2, 2017, into the following day. She testified that she was driving her sister's car that night and Gilcrease was with her. Avantay Martin, the defendant's cousin, drove separately. They all drove to the Sunoco so that Martin could purchase something from the convenience store. Both Martin and Minter parked their vehicles at the pumps. Martin asked Minter if she wanted anything from inside, Minter gave him some money for gum and pop, and Martin went insidethe store. Shortly...
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