State v. Hendrickson, 2009 Ohio 4416 (Ohio App. 8/24/2009)

• Decision Date: 24 August 2009
• Docket Number: No. 08CA12.,08CA12.
• Citation: 2009 Ohio 4416
• Parties: State of Ohio, Plaintiff-Appellee, v. Ronald Hendrickson, II, Defendant-Appellant.
• Court: Ohio Court of Appeals

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2009 Ohio 4416

State of Ohio, Plaintiff-Appellee, v. Ronald Hendrickson, II, Defendant-Appellant.

No. 08CA12.

Court of Appeals of Ohio, Fourth District, Athens County.

Released August 24, 2009.

Jon Paul Rion, Rion, Rion & Rion, L.P.A., Inc., Dayton, Ohio, for Appellant.

C. David Warren, Athens County Prosecutor, and George Reitmeier, Athens County Assistant Prosecutor, Athens, Ohio, for Appellee.

AMENDED DECISION AND JUDGMENT ENTRY

HARSHA, J.

{¶1} Ronald Hendrickson confronted his ex-girlfriend Jodi Blankenship over her plans to have her new paramour visit at the house Hendrickson and Blankenship shared. This confrontation ended with Blankenship's death. Hendrickson now appeals his conviction for aggravated murder and contends that the trial court erred when it denied his request for a jury instruction on self-defense. He argues an instruction was warranted because he presented sufficient evidence to show that he was not "at fault" in creating the violence that led to the victim's death. All the evidence indicates Hendrickson provoked an argument with his ex-girlfriend over her plans to see her new boyfriend at the house. However, he did not threaten or use any physical violence against her; yet, there is some evidence that she responded to his non-deadly aggression by stabbing him twice in the abdomen with a knife. Because Blankenship was not legally entitled to use deadly force against him, Hendrickson's "fault" in starting a verbal confrontation did not preclude him from defending himself against the potentially deadly attack. Thus, the trial court erred in finding against Hendrickson on the "not-at-fault" element.

{¶2} Nevertheless, we find that Hendrickson was not entitled to an instruction on self-defense. As an alternative basis for denying his request, the court found that all the evidence showed that his use of force was greatly disproportionate to his apparent danger, i.e. the amount of force was unreasonable as a matter of law. Hendrickson argues that whether he used a disproportionate amount of force was an issue for the jury. Under a self-defense claim, a defendant may only use force that is reasonably necessary to repel the attack in light of the perceived threat. The evidence showed that Hendrickson suffered two minor stab wounds that did not require stitches and he successfully disarmed Blankenship. Nonetheless, she suffered 14 stab wounds, including six wounds that were fatal. Her throat was slashed, and she was stabbed in the heart, lungs, abdomen, and shoulder. She also suffered from a broken vertebrae and multiple defensive wounds on her hands and arms. Because all the evidence indicated Hendrickson's level of force far exceeded that which was reasonably necessary in view of the threat the victim posed during their "struggle," the trial court properly concluded as a matter of law that he was not entitled to an instruction on self-defense.

{¶3} Next, Hendrickson contends that the trial court erred in failing to instruct the jury on the inferior offense of voluntary manslaughter. The trial court found that the instruction was not justified because the evidence indicated that Hendrickson acted solely out of fear. Hendrickson argues that there was ample evidence from which the jury could have reasonably found that he acted under "sudden passion" or a "sudden fit of rage" brought on by the victim's "serious provocation." He argues that after the victim stabbed him, he reacted out of fear and "passion" and points to their violent struggle. However, Hendrickson's testimony clearly demonstrates that he acted out of fear rather than a sudden passion or fit of rage. He consistently testified that he was "fearful" for his life and "scared" he might die and that he reacted to protect himself. Based on his entire testimony, we find that his single, fleeting reference to "passion" did not warrant an instruction on voluntary manslaughter, i.e. it fails to show that he was actually under the influence of a sudden passion or fit of rage.

{¶4} Finally, Hendrickson contends that his trial counsel was ineffective because he failed to properly advise him on the possible maximum prison term he was facing if convicted after trial. Hendrickson contends that trial counsel failed to pursue a "flat" 15-year plea deal based on counsel's erroneous belief that the maximum sentence for aggravated murder was life with possible parole after 20 years. Even if we assume that trial counsel's performance was deficient, Hendrickson cannot prove resulting prejudice based on the record before us. Hendrickson argues that by misadvising him of the maximum sentence, trial counsel "could have inadvertently induced" him to proceed to trial. However, there is no evidence in the record concerning the specific plea negotiations in this case. Specifically, there is no evidence that the State actually offered the 15-year plea deal. And there is no evidence that Hendrickson would have accepted any specific plea deal had he been properly informed of the maximum penalty. Because he fails to demonstrate a reasonable probability that, but for his counsel's erroneous advice, he would have pleaded guilty, we reject his ineffective assistance of counsel claim in its present context.

{¶5} Accordingly, we affirm the trial court's judgment.

I. The Procedural History and Facts

{¶6} In April 2007, an Athens County grand jury indicted Hendrickson on one count of aggravated murder, in violation of R.C. 2903.01(A). The case ultimately proceeded to trial, which produced the following evidence.

{¶7} During the early morning hours Hendrickson fatally stabbed his ex-girlfriend, Jodi Blankenship, in a house they shared with three other Hocking College students. The evidence showed that during their two and a half year relationship, they frequently argued and would often break up. After their final break up in February 2007, Hendrickson was upset and very depressed. Then in March, Blankenship began dating Dale Wible.

{¶8} On evening in April, Hendrickson and Blankenship got into an argument over Wible's plans to visit her that weekend. Brian Mannazzi, one of the roommates, testified that Hendrickson went upstairs to Blankenship's room and they began arguing. He testified that at some point after 11:30 p.m., they were still arguing and Blankenship locked herself in a downstairs bathroom, which she commonly did when they were "arguing severely." Mannazzi stated that he saw Hendrickson outside the bathroom as they continued to argue and later heard Hendrickson walk outside to the breaker box and cut off the power to some parts of the house. Mannazzi testified that the second time he saw Hendrickson outside the bathroom it "scared" him because Hendrickson was "crouched" in the corner with the lights off. He testified that Hendrickson may have had something in his hands. He stated that he returned to bed and was just falling asleep when he heard the bathroom door open. He testified that he heard Blankenship say "Ron" in a "surprised voice" and then heard her scream for about 30 seconds; he then heard Hendrickson yell "Jodi you stabbed me."

{¶9} Corey Suydam, another roommate, testified that he saw Hendrickson sitting in the corner outside the bathroom that night with the lights off, just "staring ahead." Suydam testified that he later awoke to the sound of a woman screaming. When he went to the area outside the bathroom, he saw Blankenship on the ground covered with blood and Hendrickson standing over her. Hendrickson kept saying "she stabbed me, she stabbed me" and showed Suydam where he had been stabbed. Suydam called 911.

{¶10} Dale Wible testified that he was on the phone with Blankenship when Hendrickson came to her room that evening and could hear Hendrickson yelling in the background. Hendrickson began ridiculing and making threatening statements to Wible, telling Blankenship that if Wible spent the night that weekend, "bad shit is going to happen." Hendrickson also said that he had "ranger training" and would use it against Wible. Blankenship told Wible that Hendrickson would not leave her room. When asked why he did not call the police, Wible explained that she had begged him not to because during a previous incident, the police were called and made her leave the house for the weekend. He testified that at some point after 11:30 p.m., Blankenship left her room and locked herself in the downstairs bathroom. While she was in the bathroom, they exchanged several text messages between 12:00 a.m. and 12:15 a.m. and then had a 30 minute telephone conversation between 12:15 a.m. and 12:45 a.m. Wible testified that he could hear the door rattling as Hendrickson tried to enter the bathroom. Suydam's 911 call occurred at 12:49 a.m {¶11} Several responding officers and emergency personnel testified concerning their observations upon arriving at the scene. Officer Shawn Champ with the Nelsonville Police Department, the first responding officer, testified that as he walked up to the house Hendrickson, who was bleeding from his side, approached him and stated, "I stabbed her, I stabbed her." Because Hendrickson did not appear to be seriously injured and Officer Keith Tabler had just arrived, Officer Champ went inside the house to check on the other victim. He discovered Blankenship's lifeless body on the floor and found a knife next to her body. Officer Table, also with the Nelsonville Police Department, testified that when he arrived at the scene, he observed Hendrickson holding his side, rocking back and forth, and mumbling. He asked Hendrickson what happened and Hendrickson responded, "I think I killed her." Officer Brian Sass with the Hocking College Police Department testified that Hendrickson also made statements to him at the scene concerning what happened; Hendrickson stated, "She stabbed me and I took the knife and I stabbed her and stabbed her and stabbed her and stabbed her." Timothy Rodehaver, a paramedic with the Southeast Ohio...