State v. Hall, 2005 Ohio 4403 (OH 8/24/2005), 2004-CA-0093.
| Decision Date | 24 August 2005 |
| Docket Number | No. 2004-CA-0093.,2004-CA-0093. |
| Citation | 2005 Ohio 4403 |
| Parties | State of Ohio, Plaintiff-Appellee, v. Mark Hall, Defendant-Appellant. |
| Court | Ohio Supreme Court |
James J. Mayer, Richland County Prosecutor, 38 South Park Street, Mansfield, OH 44902, for Plaintiff-Appellee.
Charles M. Brown, 28 Park Avenue West, Mansfield, OH 44902, for Defendant-Appellant.
Hon: John F. Boggins, P.J., Hon: W. Scott Gwin, J., Hon: Sheila G. Farmer, J.
{¶1} Defendant-appellant Mark Hall appeals from his convictions and sentences in the Richland County Court of Common Pleas on one count of arson in violation of R.C. 2909.03 (A)(2), a felony of the fourth degree and one count of insurance fraud in violation of R.C. 2913.47 (B)(1), a felony of the third degree. Plaintiff-appellee is the State of Ohio.
{¶2} The charges in this case arose from a fire at the appellant's residence on August 25, 2002. Brad Weaver, a volunteer with the Red Cross received a call from the appellant at 7:56 a.m. on August 25, 2002 requesting assistance because of a house fire. When he attempted to verify the fire with the police department, Mr. Weaver was told that it had not yet been reported. Julie Leggett, the Shelby police dispatcher, testified that she received a call from the appellant at 7:58 a.m. on August 25, 2002 on the direct line and that the appellant had asked for the number of the fire department. After further questioning appellant stated that he needed to report a fire at his residence. Ms. Leggett determined that appellant was calling from a residence at 42 Simeon in Shelby, Ohio. Ms. Leggett further testified that the Red Cross was the first to contact her about the fire and, further, that the appellant is the only person who ever called to ask for the number of the fire department to report a fire.
{¶3} When the police arrived on the scene all the doors and windows to the residence were locked. Officer Magers, of the Shelby Police Department testified that the dispatcher advised appellant that he needed to come to the scene to let the firemen in the house, but appellant never arrived. After the fire department forced their way into the residence, firefighter Sam Sauder went into the kitchen area and discovered something smoldering in the area of the stove. He also found that the right rear control knob of the stove was set to the "on" position. Officer Dorsey testified that the source of the fire appeared to be the stove. Officer Dorsey noticed that the right rear burner was on "high" and there was a skillet on the burner with a stack of newspapers smoldering underneath.
{¶4} After viewing the scene of the fire, Officer Magers and Officer Dorsey went to the residence at 42 Simeon Shelby, Ohio where the appellant had called to report the fire. Officer Dorsey testified that after receiving permission to search, they found Lynn Warrington, appellant's girlfriend, lying on the sofa underneath a blanket. Appellant was found hiding in a small closet in the residence. Officer Dorsey testified that when the appellant was taken into custody, he told Lynn Warrington not to say anything. Officer Dorsey further testified that when appellant was searched prior to being booked into the jail, he found a homeowner's insurance police in the right rear pocket of the appellant's jean shorts. While at this residence Officer Magers testified that he noticed a vehicle belonging to the appellant parked in the front of the residence. The vehicle was missing its front passenger tire. Officer Magers stated that he noticed gouge marks in the pavement where the vehicle was parked. While transporting Lynn Warrington back to the residence where the fire occurred, he was able to follow the route they had taken from the Taft Street residence to the residence on Simeon by the gouge marks on the road. Officer Magers testified that there are two gas stations and approximately 203 houses along the route the appellant traveled yet appellant did not attempt to report the fire until he arrived at 42 Simeon.
{¶5} Randy Washburn, a fire investigator with the Shelby Fire Department, testified that when he arrived at the residence on October 25, 2002, the ceiling fan in the living room was operating. A floor fan and an air conditioning unit in the bedroom were also running. Mr. Washburn testified that from his investigation of the fire scene it did not appear to be an accident because there was a skillet on the right rear burner with a paper product underneath and the right rear control knob was in the "high" position. Captain Roub, of the Shelby Police Department, testified that when he went to the scene on the morning of August 25, 2002, he also observed the fans and the air conditioner running. Captain Roub testified that he lifted the pan that he had found on the right rear burner of the stove and found wads of paper stuck to the bottom as well as on the stove around the burner.
{¶6} Evidence was also introduced at trial that appellant had taken out a fire insurance police with State Farm Insurance on the home and its contents sixteen days prior to the fire.
{¶7} State Farm Insurance hired an outside company, S.E.A. Ltd., to conduct an investigation into the cause of the fire. Michael Linscott, a fire investigator with S.E.A., testified that he found fire damage in the kitchen indicating that the fire originated in the area of the electric range. In examining the range, Mr. Linscott stated that he found it abnormal that there were charred papers on the right rear burner under a skillet. In lifting the skillet he found paper stuck to the bottom and ashes just to the side of the burner which clearly indicated that the papers had been between the burner and the pan. Mr. Linscott stated that although there was charred food inside the skillet that was not the cause of the fire because there was no fire damage to the control panel of the range as would be the case if someone was careless while cooking. Mr. Linscott testified that based upon his analysis of the fire pattern, the condition of the control panel, and the paper on the burner he determined that the papers had been ignited by the burner being turned on.
{¶8} Thomas Whitby, an electrical project engineer with S.E.A., examined a cord found on the stove. Mr. Whitby testified that the damage to the cord was caused by arcing and that the cord was not the cause of the fire.
{¶9} At trial the appellant argued the fire was accidentally set by Lynn Warrington when she lit a cigarette off the burner that morning and forgot to turn it off. However, at trial evidence was introduced that indicated Ms. Warrington first told the claims representative from State Farm that she was sure she had turned the stove off after she lit her cigarette. Conversely, in court she testified she forgot to turn off the stove after she lit her cigarette and that her statement to the claims representative was false.
{¶10} During the ensuing investigation into the cause of the fire, evidence was uncovered that appellant was having financial difficulties. Bart Hamilton, Chief Deputy Treasurer, with the Richland County Treasurer's Office, testified that appellant was delinquent in his real estate taxes. Captain Roub of the Shelby Police Department discovered during his investigation that appellant had several judgments against him. Finally, the appellant admitted in his August 30, 2002 statement to the claims representative for State Farm Insurance that he owed approximately $3,000 in fines.
{¶11} The appellant's own statement and the statements of Lynn Warrington placed him as the last person in the residence prior to the fire. On August 30, 2002 appellant gave a recorded statement to Rob Raker, a claims representative with the Special Investigation Unit of State Farm Insurance. During that statement, the appellant said that he and Lynn had returned to the residence between 5:00 and 6:00 a.m. on August 25, 2002 after a night of drinking. Appellant stated that they both went back into the house for a short time to get some money and then left again. The appellant told Mr. Raker that on the way to buy more alcohol, the car got a flat tire so he drove to his Uncle Ray's house on Simeon. Appellant indicated that he could not find a jack so he walked back to his house on Taft Street to find a jack. Lynn Warrington also testified that after they arrived at the uncle's house, the appellant walked back to the residence to get a jack.
{¶12} The case was tried to a jury. At the end of the trial, on the motion of appellant to dismiss counts two and three, counts two and three were consolidated into one count of insurance fraud. Prior to the start of closing arguments, the appellant raised a pro se motion for a continuance to obtain new counsel which the trial court overruled.
{¶13} The jury found the appellant guilty of arson with the value of the physical harm being in excess of $500 and guilty of the crime of insurance fraud with the amount of the claim that was false or deceptive being more than $5,000 but less than $100,000. Appellant was sentenced to 17 months in prison on each count with the sentences to run concurrent.
{¶14} Appellant timely appealed and submits the following assignments of error for our consideration:
{¶15} "I. THE TRIAL COURT COMMITTED ERROR BY OVERRULING THE DEFENDANT-APPELLANT'S MOTION FOR ACQUITTAL UNDER RULE 29 (A) OF THE OHIO RULES OF CRIMINAL PROCEDURE, AND THEREBY VIOLATED THE DEFENDANT-APPELLANT'S RIGHT TO DUE PROCESS UNDER THE FIFTH AND FOURTEENTH AMENDMENTS OF THE UNITED STATES CONSTITUTION.
{¶16} "II. THE TRIAL COURT COMMITTED PREJUDICIAL ERROR AND DEPRIIVED THE DEFENDANT-APPELLANT HIS RIGHTS UNDER THE SIXTH AND FOURTEENTH AMENDMENTS OF THE UNITED STATES CONSTITUTIION IN DENYING THE DEFENDANT-APPELLANT THE RIGHT TO CHANGE COUNSEL.
{¶17} "III. THE...
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