State v. Moore, 2008 Ohio 1190 (Ohio App. 3/12/2008)
| Decision Date | 12 March 2008 |
| Docket Number | No. 06-MA-15.,06-MA-15. |
| Citation | 2008 Ohio 1190 |
| Parties | State of Ohio, Plaintiff-Appellee, v. Darrin Lamont Moore, Defendant-Appellant. |
| Court | Ohio Court of Appeals |
Paul J. Gains, Prosecutor, Rhys B. Cartwright-Jones, Assistant Prosecutor, 21 W. Boardman St., 6th Floor, Youngstown, Ohio 44503-1426, for Plaintiff-Appellee.
Attorney Lynn Maro, 1032 Boardman-Canfield Road, Youngstown, Ohio 44512, for Defendant-Appellant.
Before: Hon. Gene Donofrio, Hon. Joseph J. Vukovich, Hon. Cheryl L. Waite.
{¶1} Defendant-appellant, Darrin Moore (Moore), appeals his conviction in the Mahoning County Common Pleas Court for escape, aggravated murder, aggravated robbery, two counts of receiving stolen property, and failure to comply with an order or signal of a police officer.
{¶2} On September 9, 2003, Moore, who was seventeen years old at the time, and another person allegedly robbed a woman of her purse and vehicle in a parking lot in Boardman, Ohio. One of them also allegedly pistol whipped her, and the other removed her bra and fondled her breasts and buttocks. She was able to break free and call for help. Meanwhile, her attackers left with her blue, 2002 Dodge Neon. After Boardman Township Police were notified of the incident, one of their officers spotted the victim's car and attempted to stop it. The driver did not stop and the officer pursued the car for some distance. However, the officer could not get the car to stop and ceased the pursuit because it became too dangerous.
{¶3} Later that day in Trumbull County, officers from the Liberty Township Police Department also spotted the car and began to pursue it. Officers from the Hubbard Township Police Department picked up the pursuit in their jurisdiction. The driver abandoned the vehicle and fled on foot. Officers found Moore hiding in a nearby field and arrested him.
{¶4} Moore was charged in Mahoning County Common Pleas Court, Juvenile Division, with five counts in connection with the Boardman incident1 under case No. 03 JA 1372: Count one — aggravated robbery in violation of R.C. 2911.01(A)(1), first-degree felony, with an accompanying gun specification pursuant to R.C. 2941.145; Count two — felonious assault in violation of R.C. 2903.11, a second-degree felony, with an accompanying gun specification pursuant to R.C. 2941.145; Count three — gross sexual imposition in violation of R.C. 2907.05(A)(1), a fourth-degree felony; Count four — assault in violation of R.C. 2903.13, a first-degree misdemeanor; and Count five — kidnapping in violation of R.C. 2905.01(A)(1), a first-degree felony.
{¶5} For the pursuit that followed in Trumbull County, Moore was charged in Trumbull County Common Pleas Court, Juvenile Division, with failure to have an operator's license, failure to comply with an order of a police officer, and receiving stolen property. That case was later transferred to Mahoning County Common Pleas Court, Juvenile Division, and assigned case No. 03 JK 1461.
{¶6} On October 22, 2003, Moore was being held in the Mahoning County Juvenile Justice Center (JJC) on the aforementioned charges. That day, Moore complained to staff at JJC that he was experiencing leg pain due to an ankle injury. Later that day, Michael Trolio, an assistant supervisor at JJC, transported Moore to Northside Medical Center for treatment. A doctor treated Moore and applied an air-shoe cast. Because of the air cast, Trolio was unable to secure Moore with shackles prior to returning to the car. As they reached the car, Moore dropped his crutches and fled. Trolio was unable to catch up to him and called for assistance. Various law enforcement agencies converged on the area, but were ultimately unable to locate Moore.
{¶7} On December 11, 2003, Moore and Damon Clark went to the parking lot of the 541 Club located in Youngstown, Ohio to steal a car because the stolen car they were already in was running low on gas. They approached Robert Smith who was sitting in his 1997 Cadillac Catera. Moore robbed Smith of his car and Clark jumped in it. As Smith was running away, Moore shot Smith several times, killing him.
{¶8} Clark and Moore then both went to the home of Shalonda Bohazi-Hammond around midnight. There, Moore emptied shell casings into an ashtray and informed her that they had just shot somebody. She later learned that it was Moore who had shot Smith in the parking lot of the 541 Club. Both Moore and Clark also went to the home of Clark's cousin, Shawntae Martinez, later that night.
{¶9} At some point, Moore and Clark also allegedly stole a white van. They retrieved the Cadillac from Bohazi-Hammond's house and set it on fire off of Salt Springs Road.
{¶10} Members of the Youngstown Police Department's Street Crime Unit located Moore on January 8, 2004. Moore fled police in a stolen 1998 Oldsmobile 98. After a pursuit, Moore was found hiding behind a pile of wooden pallets and was arrested.
{¶11} Once returned to custody, Moore faced numerous new charges in Mahoning County Common Pleas Court, Juvenile Division (Juvenile Court). In case No. 04 JA 34, Moore was charged with one count of escape in violation of R.C. 2921.34, a second-degree felony, in connection with his October 22, 2003 escape from custody after having received medical treatment at Northside Medical Center.
{¶12} In case No. 04 JA 48, Moore was charged with five counts. In connection with the December 11, 2003 robbery and murder of Robert Smith, Moore was charged as follows: Count one — aggravated murder in violation of R.C. 2903.01(B), with an accompanying gun specification pursuant to R.C. 2941.145; Count two — aggravated robbery in violation of R.C. 2911.01, a first-degree felony, with an accompanying gun specification pursuant to R.C. 2941.145; and Count three — receiving stolen property in violation of R.C. 2913.51, a fourth-degree felony. Moore was also charged with two additional counts of receiving stolen property (Counts four and five), in violation of R.C. 2913.51, both fourth-degree felonies, for other vehicles stolen during that same period of time.
{¶13} Lastly, in case No. 04 JA 36, Moore was charged with three counts in connection with the pursuit and his apprehension by officers of Youngstown Police Department's Street Crime Unit on January 8, 2004: Count one — receiving stolen property in violation R.C. 2913.51, a fourth-degree felony; Count two — failure to comply with an order or signal of a police officer in violation of R.C. 2921.331(B), a third-degree felony; and Count three — resisting arrest in violation of R.C. 2921.33, a second-degree misdemeanor.
{¶14} All of the cases (03 JA 1372, 03 JK 1461, 04 JA 34, 04 JA 48, 04 JA 36) proceeded to a probable cause hearing in Juvenile Court on March 31, 2004. Plaintiff-appellee, State of Ohio, advised the court that it had reached an agreement with Moore (now eighteen years old) following "extensive pretrial negotiations." The State agreed to move to dismiss certain charges in exchange for Moore agreeing to waive probable cause on the remaining charges and agreeing to be bound over to the General Division of the Mahoning County Common Pleas Court. Specifically, the State agreed to dismiss the following: in case No. 03 JA 1372 — Count two (felonious assault) and Count four (assault); case No. 03 JK 1461 in its entirety (no operator's license, failure to comply with an order of a police officer, and receiving stolen property); in case No. 04 JA 48 — Counts three, four, and five (receiving stolen property); and in case No. 04 JA 36 — Count two (failure to comply with an order of a police officer) and Count three (resisting arrest). Moore stipulated to probable cause on the remaining charges as follows: in case No. 03 JA 1372 — Count one (aggravated robbery), Count three (gross sexual imposition), and Count five (kidnapping); in case No. 04 JA 34 — Count one (escape); in case No. 04 JA 36 — Count one (receiving stolen property); and in case No. 04 JA 48 — Count one (aggravated murder) and Count two (aggravated robbery). The agreement was put to writing and signed by all parties including Moore, Moore's counsel, Moore's guardian ad litem, Moore's mother, the assistant prosecuting attorney handling the case, and the Juvenile Court Judge. Additionally, at the hearing, the court went to extensive lengths to ensure that Moore was voluntarily and knowingly waiving probable cause. Subsequently, on April 8, 2004, the Juvenile Court filed a judgment entry embodying the parties' March 31, 2004 written agreement and ordered the case transferred to the General Division.2
{¶15} On May 6, 2004, the Mahoning County Grand Jury indicted Moore on ten counts. In connection with the December 11, 2003 robbery and murder of Robert Smith, Moore was charged as follows: Count one — aggravated murder in violation of R.C. 2903.01(B)(F), a felony-life offense; Count two — aggravated robbery in violation of R.C. 2911.01(A)(1)(C), a first-degree felony; and Count three — receiving stolen property in violation of R.C. 2913.51(A)(C).
{¶16} In connection with the September 9, 2003 Boardman incident, Moore was charged as follows: Count four — aggravated robbery in violation of R.C. 2911.01(A)(1)(C), a first-degree felony; Count five — gross sexual imposition in violation of 2907.05(A)(1)(B), a fourth-degree felony; Count six — kidnapping in violation of R.C. 2905.01(A)(1)(C); and Count eight — felonious assault in violation of 2903.11(A)(2)(D), a second-degree felony.
{¶17} In connection with his October 22, 2003 escape from custody, Moore was charged in Count seven of the indictment with escape in violation of R.C. 2921.34(A)(1)(C), a second-degree felony.
{¶18} In connection with the pursuit and his apprehension by officers of the Youngstown Police Department's Street Crime Unit on January 8, 2004, Moore...
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