State v. Miree
| Decision Date | 13 October 2022 |
| Docket Number | 110749 |
| Citation | 2022 Ohio 3664 |
| Parties | STATE OF OHIO, Plaintiff-Appellee, v. JAIDEE MIREE, Defendant-Appellant. |
| Court | Ohio Court of Appeals |
Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-20-649123-C.
Appearances:
Michael C. O'Malley, Cuyahoga County Prosecuting Attorney, and Mahmoud Awadallah and Nora Bryan, Assistant Prosecuting Attorneys, for appellee.
Law Office of Timothy Farrell Sweeney and Timothy F. Sweeney, for appellant.
JOURNAL ENTRY AND OPINION
{¶ 1} Appellant Jaidee Miree ("Miree") appeals his convictions of murder, felonious assault, improperly handling firearms in a motor vehicle, involuntary manslaughter, and tampering with evidence. Miree contends that his bindover from juvenile court was unsupported by the evidence; that the trial court erred in instructing the jury on self-defense that the trial court erroneously admitted prejudicial evidence; that the trial court erred in denying his motion for a mistrial; that his convictions of murder, involuntary manslaughter, and felonious assault were based on insufficient evidence and against the manifest weight of the evidence; that he received ineffective assistance of counsel; and that his sentence was contrary to law and violated his constitutional rights. After a thorough review of the facts and applicable law, we affirm in part, vacate in part, and remand to the trial court.
{¶ 2} On June 16, 2019, Ramses Hurley ("Hurley"), a 19-year-old male, was ejected from the backseat of a moving vehicle and left behind in a pool of his own blood on South Moreland Boulevard in the Buckeye-Shaker neighborhood of Cleveland, a few feet from his home. Hurley's body contained numerous "road rash" abrasions indicating that his body had likely been dragged along the road. He was pronounced dead later that day. The medical examiner observed blunt-force injuries to Hurley's head and neck and determined that the manner of death was a homicide. These specific facts are nearly certain based upon video surveillance and available scientific evidence.
{¶ 3} The events occurring in the vehicle prior to Hurley's death are significantly less certain. What occurred in that vehicle was almost exclusively provided by Miree's codefendants: the driver, Trinity Campbell ("Campbell"), and backseat passenger, Desmond Duncan ("Duncan"), whose versions of the events differ considerably.
{¶ 4} Miree, 17-years-old at the time of the offense, was charged in the juvenile court with four counts: aggravated murder with firearm specifications; aggravated robbery with firearm specifications; felony murder with the underlying offenses of either aggravated robbery and/or felonious assault with firearm specifications; and felonious assault with firearm specifications. His case was transferred to the Cuyahoga County General Division, and a grand jury indicted Campbell, Duncan, and Miree on 11 counts.
{¶ 5} The charges against Miree were aggravated murder in violation of R.C. 2903.01(B) with firearm specifications (Count 1); felony murder in violation of R.C. 2903.02(B) with underlying offenses of felonious assault and/or aggravated robbery with firearm specifications (Count 2); aggravated robbery in violation of R.C. 2911.01(A)(3) with firearm specifications (Count 3); aggravated robbery in violation of R.C. 2911.01(A)(1) with firearm specifications (Count 4); felonious assault in violation of RC. 2903.11(A)(1) with firearm specifications (Count 5); felonious assault in violation of R.C. 2903.11(A)(2) with firearm specifications (Count 6); improperly handling firearms in a motor vehicle in violation of R.C. 2923.16(B) with firearm specifications (Count 7); involuntary manslaughter in violation of R.C. 2903.04(A) with firearm specifications (Count 8); tampering with evidence in violation of RC. 2921.12(A)(1) (Count 9); and having weapons while under disability in violation of RC. 2923.13(A)(2) (Count 11).
{¶ 6} Campbell testified at trial that prior to Hurley's death, she picked up Miree intending to purchase marijuana from Hurley. Since this was Campbell's first time making a purchase from Hurley, she wanted Miree, a friend of two to three months, to accompany her. Allegedly, none of the defendants knew Hurley prior to this encounter. Before arriving at Hurley's home, Miree instructed Campbell to pick up two of his friends, Duncan, and an unknown male who was referred to as "B.J." throughout the course of this case. During trial, Campbell testified that B.J. brought guns into the car and supplied one to Miree. Campbell claimed she never met either of these individuals, and in her first recitation of the events to Sergeant Aaron Reese[1]of the Cleveland Police Department, she neglected to mention that Duncan was also an occupant of the vehicle.
{¶ 7} At trial, Campbell's review of the events suggested that she realized that her codefendants wanted to commit a robbery. She stated that before going to Hurley's house, she erroneously directed her G.P.S. to her coworker's house, and the vehicle occupants expressed intent to rob the coworker, but the plan fell through. Campbell then testified that before they went to Hurley's home, Duncan jumped into the cargo area of the backseat, displayed a gun, and told her to be quiet. Campbell was not initially forthcoming with details involving a robbery, and we note that one of the defense's theories was that Campbell merely acquiesced to the robbery narrative to appease the police and prosecutor.
{¶ 8} When Campbell's vehicle eventually arrived at Hurley's home, Hurley was finishing a drug transaction with another individual, Emanuel Adams ("Adams"). According to Campbell, Hurley entered the vehicle through the driver's side backdoor and was seated directly behind her. Hurley placed a scale and some marijuana on the center console. According to Campbell's testimony, as she was reaching into her wallet for cash to pay for her portion, Miree grabbed the marijuana from the scale and did not pay for it. Immediately after, Campbell noted that a "commotion" ensued in the backseat. Two gunshots were fired in the vehicle. She observed Hurley holding a gun. She also observed Duncan holding Hurley in a headlock and pointing a gun to his head. Miree began punching Hurley in the head. The backseat door opened, and Hurley was thrown from the vehicle. According to Campbell, as soon as Hurley was out of the vehicle, Miree encouraged Campbell to drive away.
{¶ 9} While leaving the scene, Campbell lost control of the vehicle and struck a brick pillar on Griffing Avenue. Campbell testified that Duncan instructed her to leave or else he would "pop" her. When the vehicle was wrested away from the pillar, she dropped the codefendants off at the location where she picked up Duncan, and Miree instructed her to clean the vehicle and urinate on the seats to remove any gunpowder residue. Campbell went home and followed the instructions to clean the vehicle. She placed bullet fragments and shell casings that she recovered from the vehicle in the sewer by her home, which were later retrieved by the Cleveland Police Department. She also smashed her cell phone.
{¶ 10} Duncan's version of the events is significantly different. He testified that he entered the vehicle expecting a ride to the music studio and did not need to purchase any marijuana, so he had his headphones on the entire time. Duncan denied ever needing to, or wanting to, rob Hurley. Instead of being in the cargo area with a gun, Duncan testified that he was right next to Hurley, in the middle of the backseat. Duncan stated that he did not even realize that something was wrong until Hurley pulled out a gun and pointed it towards Miree, and at that point he removed his headphones and attempted to disarm Hurley. He noted that he was concerned because he believed that Miree was shot and hurt. He then testified that he opened the door and pushed Hurley from the vehicle in defense of himself and the other vehicle occupants.
{¶ 11} The following additional evidence was also adduced at trial.
{¶ 12} Adams testified that he remained on scene following his transaction with Hurley, feeling that he had been given a smaller amount of marijuana than he paid for. He intended to confront Hurley about this after Hurley finished transacting with Campbell's vehicle. Instead, Adams became an eyewitness and testified that he had a direct line of sight to the vehicle and saw Hurley's body being thrown from the vehicle and Hurley's fingers being pried off the edge of the door before he struck the ground. Adams remained on scene when the police arrived.
{¶ 13} Lisa Przepyszny, a forensic scientist in the trace evidence department of the Cuyahoga County Regional Forensic Science Laboratory, testified as an expert in trace evidence. Przepyszny offered several significant opinions - that gunshot residue was found on Hurley's hands and that there were abrasions in the fabric of the clothing that Hurley was wearing that day consistent with his body impacting a rough surface. She also provided information about the bullet trajectories found inside the vehicle and the DNA evidence found on Hurley's clothing and inside the vehicle.
{¶ 14} Cecil Snowden was walking his dog at the time of the incident and testified as an eyewitness. Snowden testified that he heard two gunshots and saw a person coming out of the driver's side of the vehicle.
{¶ 15} Todd M. Barr, M.D. ("Dr. Barr"), testified as an expert in forensic pathology about the autopsy and examination of Hurley's body, noting Hurley's injuries as well as the cause and manner of death.
{¶ 16} Sergeant Reese from the Cleveland Police Department testified...
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