State v. Kozic
| Citation | 2014 Ohio 3807 |
| Decision Date | 27 August 2014 |
| Docket Number | CASE NO. 11 MA 135 |
| Parties | STATE OF OHIO, PLAINTIFF-APPELLEE, v. JAMIE KOZIC, DEFENDANT-APPELLANT. |
| Court | United States Court of Appeals (Ohio) |
Hon. Gene Donofrio
Hon. Joseph J. Vukovich
Hon. Mary DeGenaro
{¶1} Defendant-appellant Jamie Kozic was convicted of seven counts of burglary, one count each of attempted burglary and possession of criminal tools, three counts of drug trafficking, and a single count of engaging in a pattern of corrupt activity following a jury trial in Mahoning County Common Pleas Court and sentenced to an aggregate term of imprisonment of twenty years. He appeals his conviction and sentence.
{¶2} This case stems from a rash of burglaries that occurred in Columbiana, Mahoning, Trumbull, and Geauga Counties in late 2009 and early 2010. On November 24, 2009, Chris Natali returned from work to his home at 16663 Main Market Road in Parkman, Geauga County, Ohio, to find a knife collection box he kept near the fireplace had been thrown to the ground. Upstairs, he found dresser drawers pulled out and a coin collection and other items missing, including a credit card. Natali notified police and later was notified by the credit card issuer that the card was being used fraudulently. One of those fraudulent transactions occurred at a gas station. Video surveillance footage taken from the gas station when the card was used fraudulently showed Jennifer Kozic exiting a green Cadillac and a red Jeep was nearby which appellant was known to drive.
{¶3} On December 27, 2009, Jareth Gaudio and his wife left their home at 13831 Mystic Rock Road in Columbiana, Mahoning County, Ohio, to take one of their sons to the airport. They returned home to find their front door kicked in and medication, money, a television, and jewelry missing. Police responded and a canine unit picked up a scent that led to the nearby home of Orazio Merlo. A few weeks later Merlo found a cellular phone near her mailbox and turned it over to police. Through the phone's cellular service provider, the police determined that the phone belonged to appellant's wife, Heather Kozic who resided at 238 Wilson Street, Struthers, Ohio 44471.
{¶4} On January 22, 2010, Cathy Applegate was returning from work to her home located next to an apartment building on McCoy Avenue in East Liverpool, Ohio. A driver sitting in a parked car nearby caught her attention as strange. She then observed two white males going from the front of an apartment building to the back. When she got home, she told her husband, Lawrence Applegate III, about what she had observed. She then headed back out with her daughter to take her to a school function. She observed double sliding glass doors open and the curtains blowing and told her husband to call the police. Lawrence observed two people coming from the back of the apartment building, put something they had been carrying into the trunk of a car parked nearby. He called the police after the car sped away.
{¶5} Brandy Ramirez, who lives across the street from the apartment building, observed two males coming from the back of the apartment building. She made eye contact with one of them before he drove away. She later identified that person from a photo array. He is Zoltan Kozic, appellant's brother and codefendant.
{¶6} Susan Williams returned to her home at the apartment building on McCoy Avenue to find the back sliding glass door to her kitchen open. She found money lying on her patio, pill bottles thrown, and her bedroom a mess. Three televisions, $300, and jewelry were missing from her apartment. A latent fingerprint taken from the scene matched appellant's right index finger.
{¶7} On January 25, 2010, Ronald Sines returned from work to his home at 46014 New England Square in New Waterford, Columbiana County, Ohio. He noticed things out of place and thrown about and that the back sliding glass door had been pried open. A digital music player, $37.40 in change, and five rings were missing. Police processing the scene noticed that his neighbor's back door was also open.
{¶8} Mark Liber returned to his home at 46022 New England Square in New Waterford, Columbiana County, Ohio to find police investigating a burglary next door at his neighbor's home. Liber discovered his back door open and that his own home too had been burglarized. Missing were a computer, two televisions, purses, a camera, and some jewelry.
{¶9} Rebecca Ashbridge lives at a condominium, Unit 55-D, located in a condominium development known as South Pointe, at 9191 North Lima Road, in Poland Township, Mahoning County, Ohio. On January 30, 2010, she returned home to find the front door unlocked. Inside, the home had been ransacked and a television, gaming system, and various jewelry pieces were missing.
{¶10} At a retirement community known as Shepherd of the Valley, William Wade lives in a condominium, Unit 306, located at 9111 Sharrott Road, Poland, in Beaver Township, Ohio. On February 3, 2010, he returned home to find the back door open. A handgun, cash, and watch were missing. Police took casts of pry marks left around the back door and submitted them to BCI for analysis.
{¶11} On February 6, 2010, a condominium, Unit 202, located in the Stone Gate housing development at 9264 Sharrott Road was found broken into by Doug Dilullo. Dillulo was a construction manager for the development for which this unit was the model unit. It was fully furnished with utilities turned on and Dillulo checked on it once a week. He found that the front door jamb was broke and that the unit had been broken into, although there was nothing taken.
{¶12} On February 14, 2010, James Fedor discovered that his mother's condominium had been broken into. A side patio door was open and there were pry marks on a rear patio door which was also open. The condo was located at 8550 Ivy Hills, Unit 20 in Boardman, Ohio. The bedroom had been ransacked and a televisionand jewelry were missing. The residence had been vacant since December 26, 2009, when his mother had passed away.
{¶13} On February 5, 2010, Michael Naughton, who lived in a triplex condominium at 840 West Park Avenue in Hubbard, Trumbull County, Ohio, heard a loud noise coming from his attached garage. When he went to check on the noise, he observed that a door to the garage had been pried and knocked partially off the door jamb. He then called the police.
{¶14} Meanwhile, a letter carrier for the United States Postal Service and a motorist passing by observed an individual in that area acting suspiciously. A description of the individual was broadcast to other police officers and, subsequently, Hubbard Officer Gerald Smith encountered appellant nearby and arrested him following a positive identification by the letter carrier and the motorist. A screwdriver was recovered from appellant's red Jeep Cherokee.
{¶15} Appellant was charged with burglary in violation of R.C. 2911.12(A)(1), a second-degree felony, and possession of criminal tools in violation of R.C. 2923.24(A), a fifth-degree felony. He was released on February 12, 2010, after posting bond. The charges were no billed by the May 2010 Trumbull County Grand Jury, First Session (and would later become counts 11 and 12 of indictment returned later in Mahoning County).
{¶16} Following the rash of burglaries, law enforcement had conducted numerous controlled buys of oxycodone from appellant, Zoltan Kozic, and Jennifer Kozic.
{¶17} Appellant was arrested for a second time on April 16, 2010, on drug trafficking charges that eventually became counts 16, 17, 18, and 19 of the indictment returned later in Mahoning County. He was released on May 20, 2010.
{¶18} On May 20, 2010, a Mahoning County grand jury issued a twenty-two count indictment alleging a criminal enterprise among appellant, Zoltan Kozic, and Jennifer Kozic. Of those twenty-two counts, appellant was indicted on seventeencounts: eight counts of burglary in violation of R.C. 2911.12(A)(2)(C) (second-degree felonies); two counts of attempted burglary in violation of R.C. 2911.12(A)(2)(C) and R.C. 2923.02 (third-degree felonies); one count of burglary in violation of R.C. 2911.12(A)(3)(C) (third-degree felony); one count of possessing criminal tools in violation R.C. 2923.24(A)(C) (fifth-degree felony); two counts of drug trafficking in violation of R.C. 2925.03(A)(1)(C)(1)(a) (fourth-degree felonies); one count of drug trafficking in violation of R.C. 2925.03(A)(1)(C)(1)(c) (second-degree felony); one count of drug trafficking in violation of R.C. 2925.03(A)(1)(C)(1)(b) (third-degree felony); and one count of engaging in a pattern of corrupt activity in violation of R.C. 2923.32(A)(1)(B) (first-degree felony).
{¶19} Appellant was arrested that same day and remained incarcerated until his trial. On May 25, 2010, appellant appeared in Mahoning County Common Pleas Court and pleaded not guilty. The trial court appointed him counsel and the case proceeded to discovery and other pretrial matters. On one day alone in August, following unsuccessful plea negotiations, appellant's appointed trial counsel filed eleven separate pretrial motions.
{¶20} On October 22, 2010, appellant filed a motion to suppress the screwdriver that police found in his vehicle when he was arrested on February 5, 2010, by Hubbard police following their response to the attempted burglary of Michael Naughton's home at 840 West Park Avenue, Hubbard, Ohio. He...
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