State v. Jenkins, 2004 Ohio 136 (Ohio App. 1/15/2004)

• Decision Date: 15 January 2004
• Docket Number: No. 82622.,82622.
• Citation: State v. Jenkins, 2004 Ohio 136 (Ohio App. 1/15/2004), 2004 Ohio 136 (Ohio App. 2004)
• Parties: STATE OF OHIO Plaintiff-Appellee, v. TONICA JENKINS Defendant-Appellant.
• Court: Ohio Court of Appeals

Page 1

Unpublished Opinion

2004 Ohio 136

STATE OF OHIO Plaintiff-Appellee, v. TONICA JENKINS Defendant-Appellant.

No. 82622.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Date of Announcement of Decision: January 15, 2004.

Criminal appeal from Court of Common Pleas, Case No. CR-420029.

AFFIRMED.

APPEARANCES:

WILLIAM D. MASON, Cuyahoga County Prosecutor. SALEH S. AWADALLAH, Assistant GAIL DENISE BAKER, Assistant 1200 Ontario Street Cleveland, Ohio 44113, for Plaintiff-Appellee.

MICHAEL T. FISHER, 55 Public Square, Suite 1010, Cleveland, Ohio 44113-1901 for Defendant-Appellant.

JOURNAL ENTRY and OPINION

COLLEEN CONWAY COONEY, J.

{¶1} Defendant-appellant, Tonica Jenkins ("Jenkins"), appeals her convictions and sentences for two counts of tampering with evidence, attempted aggravated murder, kidnapping, complicity to commit aggravated murder, and felonious assault. Finding no merit to the appeal, we affirm.

{¶2} Jenkins was charged in a multi-count indictment with attempted aggravated murder, tampering with records, kidnapping, complicity in the commission of aggravated murder, felonious assault, and two counts of tampering with evidence. After several continuances and speedy trial waivers, the case proceeded to a jury trial where the following evidence was presented.

{¶3} The victim, Melissa Latham ("Latham") testified that in the early morning hours of April 20, 2001, she was walking along Euclid Avenue in East Cleveland when she was approached by three individuals in a red car. A black female exited the car, introduced herself as "Michelle," and asked Latham if she was interested in participating in an insurance scam. Latham admitted at trial that, because she was addicted to crack cocaine, she was interested in making money quickly and agreed to participate. She got into the car with Michelle and another black female and a male named Kyle Martin ("Martin"). Michelle was later identified as Michelle Sharp ("Sharp").

{¶4} Jenkins, Martin, Latham, and Sharp proceeded to Sharp's house where Jenkins gave Latham some money from the insurance scam. Next, they purchased drugs in a neighborhood parking lot and went for food at a nearby restaurant. They left the restaurant sometime between 4:00 and 5:00 a.m., took Sharp to her house, and proceeded to a house on Delmont Avenue in East Cleveland ("the house").

{¶5} Latham testified that she entered the house through a side door and followed Jenkins and Martin into the basement where Martin and Latham got high and went to sleep. The next morning, Latham prepared to go to a dental appointment as part of the insurance scam. Jenkins gave her a purple sweatshirt to wear.

{¶6} Jenkins, Martin, and Latham drove to a dental office in Strongsville. Martin remained in the car while Jenkins and Latham entered the dental office. Latham testified that when a receptionist gave her some forms to fill out, Jenkins grabbed them and filled them out with the name "Tonica Jenkins." Latham's name did not appear on any of the forms. Latham and the receptionist, Aliceson Farabaugh, both testified that insurance information on the forms indicated "self-pay," i.e, the patient had no insurance. Latham also testified that Jenkins instructed her to wear black gloves inside the dental office and not take them off. If asked, Latham was to say there was something wrong with her hands. The dentist cleaned, examined, and x-rayed her teeth, and Latham paid the dental bill with the cash Jenkins gave her.

{¶7} When Latham exited the dental office, Martin and Jenkins were waiting for her in the car. They drove to a KFC restaurant, purchased some food, and drove back to East Cleveland, where Martin purchased more drugs.

{¶8} Latham testified that upon returning to the house she got "high" with Martin in the basement and fell asleep around midnight. Latham explained that she stayed at the house because Jenkins promised her she could make "easy money" going to another dental visit.

{¶9} When she awoke Saturday afternoon, Latham assumed she would be going to another dental office. She reached to turn on a light in the basement and found it was burned out. Latham then used the bathroom located in the basement. Jenkins instructed her to stay inside the bathroom until she told her to come out.

{¶10} As she walked out of the bathroom into the dark basement, someone attempted to punch Latham. When the lights came on, Martin grabbed her by the neck and pushed her to the floor. Jenkins and Martin began kicking and stomping her, while she fought back.

{¶11} Latham stated that Martin held her down by putting his knee to her neck while holding her arms down. Latham continued to struggle and bit Martin on his forearm. As Martin held her down, Jenkins used a syringe to inject something into Latham's arms and legs. Latham testified that Jenkins injected her with a needle 15 to 16 times before Martin struck the back of her head with a brick.

{¶12} After the third blow to her head, Latham pretended to be dead. She heard Jenkins tell Martin she wanted to place her home detention bracelet on Latham's leg and wrap Latham's body for burning. After Latham heard them leave the basement, she attempted to open the door but discovered the doorknob was missing. She found a spoon and used it to open the door and escape.

{¶13} Latham ran across the street to a KFC restaurant, where she asked the employees to call 911. East Cleveland police arrived, but before Latham could tell them what happened, Jenkins entered the restaurant and accused her of stealing money from her.

{¶14} Latham received medical treatment at Huron Road Hospital. Dr. George Stephens ("Dr. Stephens") testified that when Latham arrived in the emergency room, she was awake but soon lost consciousness and became comatose. He determined that Latham's blood sugar was extremely low.

{¶15} Once Latham's condition was stabilized, Latham told Dr. Stephens that she was not diabetic but had received injections of insulin. Accordingly, Dr. Stephens ordered two tests, including a C-Peptide test, which detects the presence of injected insulin. Dr. Stephens explained that insulin produced naturally by the body is different from insulin injected into the body. Injected insulin does not contain significant amounts of C-Peptide. The test results revealed the C-Peptide level was normal, indicating that insulin was injected into Latham's body. Further, Dr. Stephens explained that Latham's elevated insulin level was not caused by any disease or any naturally occurring condition and that it could only result from insulin injected into her body.

{¶16} Just before EMS took Latham to the hospital, she told police to look in the basement of the house on Delmont for a pool of blood. Officer Terry Wheeler ("Wheeler") testified that Jenkins was detained by police but was not arrested at that time. Det. Lewis Turner ("Turner") searched the area for a male suspect and found Martin and another male. Det. Turner testified that Martin was evasive upon questioning and sweating profusely. The detective observed scratches on Martin's head, face, neck, and hands, and what appeared to be blood on his hands. Det. Turner arrested Martin, who later provided the police with a written statement which implicated Jenkins and her mother, Tonica Clement.

{¶17} Officer Gary Harper ("Harper") interviewed Martin and Latham. As part of his investigation, he and his partner, Officer Michael Cardilli searched the area around the house on Delmont where they found a blood-stained brick.

{¶18} Officer Anthony Tomaro ("Tomaro") testified that Jenkins allowed him and Officer Ellison to examine the house on Delmont. Jenkins told him she did not have house keys and that they would have to wait a few minutes for her elderly parents to open the door. Jenkins entered the house first in order to secure the dogs. When the officers entered the basement, they found Jenkins' mother, Tonica Clement ("Clement"), at the bottom of the stairs holding a rag. Officer Tomaro testified that upon entering the basement, he detected a strong odor of bleach. When he asked Clement what she was doing, she told him that she was cleaning up a mess made by the dogs. Officer Tomaro testified that he found no evidence of dog feces in the basement but noticed blood stains on the stairs, the floor, and a wooden table.

{¶19} The officers later obtained a search warrant for the house. They seized a file cabinet and a rug from the basement, both of which contained blood stains. Special Agent John Saray from the Ohio Bureau of Criminal Identification and Investigation ("BCI") testified that he was present when the search warrant was executed, and that he conducted a preliminary test on the file cabinet which revealed the presence of blood. The police officers also found two syringes, a crack pipe, a spoon, and documents containing Tonica Jenkins' name and social security number.

{¶20} BCI forensic scientist Heather Bizub testified that she tested the blood found on the brick and the file cabinet and determined that the DNA from the blood on these items matched Latham's DNA.

{¶21} Acting on leads from his investigation, Detective Curtis Jackson ("Jackson") looked in the telephone directory for the names of dental offices in Strongsville. He called Pearl Dental Practice and inquired if the dental office had a patient named Tonica Jenkins. Det. Jackson testified that he went to the Pearl Dental Practice, where he spoke with two employees. The employees did not identify Jenkins' photo as the person who gave her name as Tonica Jenkins at the appointment on April 20.

{¶22} The receptionist at the dental office, Aliceson Farabaugh, testified that she made an appointment for April 20 for a new patient named Tonica Jenkins. Farabaugh further testified that at the time of the appointment, two women entered the office. Farabaugh identified a photo of Latham as the woman she thought was the new patient, Tonica Jenkins....