State v. Khamsi
| Decision Date | 15 April 2020 |
| Docket Number | C-180424,NOS. C-180405,C-180433,C-180434,C-180426,C-180425,S. C-180405 |
| Citation | 2020 Ohio 1472,153 N.E.3d 900 |
| Parties | STATE of Ohio, Plaintiff-Appellee, v. Ayinde KHAMSI, a.k.a. Ayinde Khamisi, Jelani Khamisi, Kimberly Khamisi, and Kaia Khamisi, Defendants-Appellants. |
| Court | Ohio Court of Appeals |
Joseph T. Deters, Hamilton County Prosecuting Attorney, and Alex Scott Havlin, Assistant Prosecuting Attorney, for Plaintiff-Appellee.
Ayinde Khamsi, a.k.a. Ayinde Khamisi, pro se.
Jelani Khamisi, pro se.
Kimberly Khamisi, pro se.
Kaia Khamisi, pro se.
{¶1} Defendants-appellants Ayinde Khamsi, a.k.a. Ayinde Khamisi, Jelani Khamisi, Kimberly Khamisi, and Kaia Khamisi (collectively "the Khamisis") appeal convictions for theft under former R.C. 2913.02(A)(3) and tampering with records under R.C. 2913.42(A)(1). Because they were tried together and have filed nearly identical briefs, we have sua sponte consolidated their appeals. We affirm their convictions.
{¶2} Evidence presented at a jury trial showed that the Khamisis had engaged in schemes to steal real property from its rightful owners by filing fraudulent documents. The Khamisis justified their actions by claiming that the properties were abandoned and that they were in the process of establishing ownership through adverse possession.
{¶3} Property located at 3610 Washington Avenue was the former site of the Zion Nursing Care Center. Dr. William Poole was the last remaining member of the board of directors of the nursing home and was attempting to sell the property. Dr. Poole had been devoted to the nursing home and had taken numerous actions to keep it open. He had taken a mortgage on the property in 2008, which was still valid at the time of trial.
{¶4} When Dr. Poole discovered "squatters" on the property, he called an attorney, Michael Gray. According to Gray, Dr. Poole "forgot to file a statement of continuation with the secretary of state" which caused the organization, Zion Nursing Care Center, to go "inactive." Gray discovered that the Hamilton County auditor showed an entity that Dr. Poole did not recognize as the owner of the property. Prior to trial, Dr. Poole passed away. But both his son and Gray testified that although the nursing home was closed and the building was vacant, the property had never been abandoned.
{¶5} The Khamisis created an entity with a name similar to and using the same address as the Zion Nursing Care Center by filing paperwork with the secretary of state. Those documents were signed by Kimberly, Ayinde, and Jelani. Jelani was named as the statutory agent. They filed additional documents, including a quit-claim deed, in the Hamilton County recorder's office that purported to transfer ownership of the property to other entities they had created. They also filed liens on the property. A representative of the Ohio attorney general's office testified that the Khamisis never registered these alleged charitable entities with the attorney general's office.
{¶6} Detective Cynthia Alexander of the Cincinnati Police Department began investigating the Khamisis. She discovered several organizations that the Khamisis used in an attempt to gain control of the property at 3610 Washington Avenue.
{¶7} Kimberly filed a quiet-title action against "Zion Nursing Home, Inc." and "Zion Care Center, Inc." alleging that she had rightful possession of the property. The trial court in that case determined that Kimberly and her associated entities had no interest in the property and ordered the Hamilton County recorder's office to strike the quit-claim deed.
{¶8} Property at 215 Mitchell Avenue was owned by Ruby Red Services, LLC, a business incorporated by Melissa Meade. Meade later died in a car accident, and the house was vacant. Visio Mortgage Services held a mortgage on the property and began foreclosure proceedings. Claiming the property was abandoned, Jelani occupied the property. Subsequently, he and Kimberly filed multiple documents asserting an interest in the property, including a quit-claim deed. Several of the documents were filed after a court had refused to let them intervene in the foreclosure proceedings.
{¶9} The Anderson family owned property located at 453 Sheffield Road. Marsha Anderson testified that it was her parents' house, in which she had been raised. When her mother passed away, she left the property to Marsha and her siblings. Marsha moved out of the home in 2010, leaving it vacant, but continued to make mortgage payments on the home.
{¶10} Claiming the property was abandoned, Jelani occupied the property. In 2017, he filed a quiet-title action naming all the Anderson siblings as the defendants. A notice about the lawsuit was sent to Marsha's brother, Michael, who was deceased, at the Sheffield Avenue address. Jelani's complaint was dismissed when he failed to appear for trial.
{¶11} Marsha did not know about the action until Detective Alexander notified her about it. She testified that the property was not abandoned and that the quiet-title action was hurtful because the property had belonged to her parents, and she and her sister had taken care of their parents there.
{¶12} When he filed the quiet-title action, Jelani also filed an affidavit of indigency, in which he claimed had no income. In reality, he was employed by Stepping Stones, a nonprofit agency. He earned $18,979 in 2015, $22,591 in 2016, and $22,574 in 2017.
{¶13} Melissa Sherrod owned the property located at 533 Glenwood Avenue. Melissa's husband, Shareef Sherrod, testified that he was a real estate broker and investor who bought and rehabbed vacant properties, mostly single-family homes. The properties were put in his wife's name because it was easier for her to get financing, but he was the one who operated the business. He and his wife purchased the property in 2011 with the intent to renovate it and then rent it. He had contractors come out to look at the property for bids. Shereef made sure that the grass was cut every two to three weeks. He secured the property with a lockbox, sealed the windows, and had a neighbor watch out for trespassers.
{¶14} Ayinde occupied the property, and filed a quiet-title action naming Melissa as a defendant, in which he contended that he had an interest in the property. He also filed an affidavit of indigency. Ayinde's complaint was eventually dismissed for want of prosecution.
{¶15} The Sherrods had no notice of the action. They only learned of it when Detective Alexander contacted them. Shareef hired an attorney and paid her $500. He testified that he never gave anyone permission to take the property, and he had not abandoned it. He eventually sold the property and received the proceeds.
{¶16} Terrence Davis owned property located at 4945 Paddock Road. Davis owned a construction company and bought the property to remodel either as a daycare or "living units." The property was vacant when he bought it. He sealed it with a steel door that could not be entered.
{¶17} Davis had not yet started working on the property, but roofing material had been delivered and was sitting on the roof, when he saw one man and two women walking about the property and looking in the windows. Subsequently, he began the process of cleaning out the property and putting on a new roof.
{¶18} Kaia filed a quiet-title action, naming Davis as a defendant, along with an affidavit of indigency. He received notice of the action in his post-office box. Davis hired an attorney and filed an answer. His attorney made some phone calls and learned of the police's investigation into similar transactions. He testified that no one had his consent to come onto the property and that it was not abandoned. Kaia's complaint was eventually dismissed for want of prosecution.
{¶19} Brenda Willis owned property located at 200 Clinton Springs, which used to be her parents' house. On January 6, 2017, Kimberly filed a quiet-title action naming as defendants Brenda and her husband, Charles Willis, although only Brenda's name was on the deed. Kimberly also filed an affidavit of indigency.
{¶20} Brenda stated that her siblings were living in the house until January 2018, and that none of the claims in Kimberly's complaint were true. She and her husband both filed answers, after which Kimberly dismissed her complaint. Brenda also stated that the property was not abandoned, and she had never given anyone permission to enter the property.
{¶21} Kimberly filed a quiet-title action for property located at 3944 Vine Street, along with an affidavit of indigency. She claimed that the property was abandoned, and she was the possessor of the property. Anchor Holdings, LLC, was the property's owner. The quiet-title action was dismissed because Kimberly never obtained service on Anchor Holdings. Detective Alexander was unable to locate a representative for the company.
{¶22} Michael West incorporated 4 Kennedy, LLC, a real estate business, to make money to pay for his daughter's college tuition. He bought property at 1595 Summit Road in 2015 and began renovations. Kimberly filed a quiet-title action alleging that the property was abandoned and that she had entered the property and claimed title to it.
{¶23} West did not find out about the action until Detective Alexander contacted his wife. He stated that he had not abandoned the property and that he believed that "somebody was trying to steal [his] property." The quiet-title action was dismissed when Kimberly failed to show up for court. Detective Alexander stated that at that time, Kimberly was aware that the Cincinnati Police Department was investigating the Khamisis.
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