State v. Morris
| Decision Date | 02 August 2021 |
| Docket Number | 20-COA-015 |
| Parties | STATE OF OHIO Plaintiff-Appellee v. TYLER A. MORRIS aka TYLER MULLINS Defendant-Appellant |
| Court | Ohio Court of Appeals |
Criminal Appeal from the Court of Common Pleas, Case No 19-CRI-218
For Plaintiff-Appellee BRIAN A. SMITH BRIAN A. SMITH LAW FIRM LLC
For Defendant-Appellant CHRISTOPHER R. TUNNELL PROSECUTING ATTORNEY
OPINION
{¶1} Defendant-appellant Tyler A. Morris appeals his conviction and sentence entered in the Ashland County Common Pleas Court on two counts of Complicity (Aggravated Murder), one count of Complicity (Aggravated Burglary), one count of Complicity (Aggravated Robbery), two counts of Complicity (Attempted, Aggravated Murder), one count of Aggravated Trafficking in Drugs, one count of Unlawful Transaction in Weapons, and one count of Improperly Furnishing Firearms to a Minor, following a jury trial.
{¶2} Appellee is the State of Ohio.
{¶3} On or about June 8, 2019, at approximately 11:00 or 12:00 p.m., Appellant Tyler A. Morris aka Tyler Mullins and his co-defendant Michael Watson, went to the Almond Tree Inn in Ashland, Ohio, to conduct a drug transaction. Appellant Morris took a Ruger .22 firearm with him, which he carried in his bookbag. (T. at 748). While Watson waited outside Appellant went inside and sold a half of a gram of methamphetamine to Timothy Maust and Elizabeth Bunnell. (T. at 748).). Bunnell tasted the methamphetamine and told Appellant that she did not think it was good and shoved Appellant out of the room and slammed the door, without paying for the drugs. Id. Appellant called his supplier, Kade Shank, and told him what had happened. Shank responded by telling Appellant to "go get my drugs back or go get my money." (T. at 750).
{¶4} Three separate trips were made to the Almond Tree to try to collect the money owed to Appellant or to retrieve his drugs.
{¶5} The first attempt took place the following day, on June 9, 2019. (T. at 753). Appellant took the gun out of his bookbag, handed it to Watson and told him to "clean it off and go back over there and try to get the drugs back. (T. at 749-50). 751). Appellant then called Timothy Castle and Kareem Thomas to assist with getting the drugs or the money back. (T. at 749). When they arrived, Sammy Castle, Timothy Castle's brother, was with them. (T. at 752). Appellant gave the gun to Kareem and then sent them, along with Watson, back to the Almond Tree Inn to get either the money or the drugs back. (T. at 748-750). Appellant provided methamphetamine to his associates in exchange for them helping him try to get his drugs back. Id.
{¶6} Upon arriving at the Almond Tree, Watson told Maust and Bunnell to "open the door and give the meth back or we are coming in." (T. 752). Timothy Castle kicked the door to Maust and Bunnell's room a few times and Sammy Castle managed to open the door enough for Watson to see that Bunnell was sitting on the floor in front of the door. (T. at 606, 752). They heard Bunnell on the phone stating that someone was trying to kick in the door, and thinking that she was calling the police, the men fled. (T. at 752).
{¶7} On the afternoon of June 10, 2019, Appellant met with Watson, Sammy Castle and Gregg Kuzawa and discussed a plan to "go to the Almond Tree Inn and kick in the door and try to get the drugs back." (T. at 759). Watson testified that if the drugs were not there "[w]e were going to shoot up the house." Id. He stated that he would be the one to do the shooting, using Appellant's Ruger .22. (T. at 760). Watson explained that the men were going to "all have masks" and that they were going to "[l]ike shoot through the door, basically letting them know not to mess with us." Id.
{¶8} Watson stated that Appellant took the gun out of his waistband and gave it to him and that he put it in a Taco Bell bag. Id. He stated that he, Sammy Castle and Kuzawa rode back to the Almond Tree Inn on stolen bicycles. (T. at 763). However, when they arrived at the Almond Tree they were chased away by a friend of Maust, who told them to leave or he would make them leave. (T.at 617, 764). After being chased from the Almond Tree, the men met back up with Appellant, who had waited at a pavilion in the park across the street. (T. at 618-619, 764). At that time, Watson returned the gun to Appellant, and the group went back to Appellant's house and did some methamphetamine. (T. at 766). Among other things, the men again discussed shooting "the house up" if Maust and Bunnell did not have the drugs or the money, and that if the door would not open they would shoot through the door. (T. at 773-774). The men also discussed the issue of collecting the shell casings. Id.
{¶9} Watson stated that he went home later that evening and that after his mom left for work, he took a sock and cut a hole in it, with the intention of putting the sock over the gun and collecting the spent casings inside the sock. Id.
{¶10} Later in the evening of June 10, 2019, Watson and Sammy Castle again met up with Appellant behind Appellant's house. (T. at 776). Gregg Kuzawa and Gregory Pierce were also with Appellant behind the garage. (T. at 776). Appellant gave the gun back to Watson and told Watson to "shoot at least four times". (T. at 776-777). Watson, along with Kuzawa and Samuel Castle, rode their stolen bicycles back to the Almond Tree. (T. at 777-778). Watson testified that he understood the new plan to be that when he kicked the door, he was to shoot four times. (T. at 777). Watson stated that he had a general idea that Appellant wanted Watson to shoot Maust and Bunnell. (T. at 807).
{¶11} This time when Watson, Castle and Kuzawa arrived at the Almond Tree, Watson kicked in the door to Maust and Bunnell's room. (T.at 778). Bunnell yelled at Watson "are you ready to get your ass beat", and Watson replied "are you ready to get shot". Id. Watson then began shooting, firing a total of six shots, and when the gun jammed, they ran from the room. Id. Bunnell was shot on the side neck area. (T. at 631). Maust was shot in the head and chest and died from his injuries. (T. at 781).
{¶12} Watson, Castle and Kuzawa fled the scene of the crime, running across the street to the park where they had left their bikes. (T. at 782). They threw their bikes into a creek, ran through back yards to avoid the police, and went to different houses before returning to Appellant's home. (T. at 784-785).
{¶13} Officers from the Ashland Police Department arrived at the Almond Tree and shortly thereafter began searching for assailants.
{¶14} Appellant Morris was taken into custody as a result of the investigation. After first denying any involvement in Maust's murder and Bunnell's attempted murder, Appellant admitted to the Ashland Police Department that he provided the gun to Watson and that after the shooting, he hid the gun in his room after taking it apart. (T. at 519-533).
{¶15} On June 12, 2019, Appellant Tyler Morris aka Tyler Mullins was charged by Complaint in the Ashland County Juvenile Court, alleging Appellant to be delinquent, and charging him with Complicity to Aggravated Murder with a firearm specification, Complicity to Aggravated Burglary, and Complicity to Attempted Aggravated Murder with a firearm specification. (Bindover Hrng T. at 4). The case was bound over to the Ashland County Court of Common Pleas.
{¶16} On October 10, 2019, the Ashland County Grand Jury indicted Appellant on the following charges: two counts of Complicity to Aggravated Murder, each unclassified felonies, in violation of R.C. §2923.02 and §2903.01(A), and each containing a firearm specification under R.C. §2941.145; four counts of Conspiracy to Aggravated Murder, each unclassified felonies, in violation of R.C. §2923.01 (A)(1) and §2903.01(A), and each containing a firearm specification under R.C. §2941.145; one count of Complicity to Aggravated Burglary, a first-degree felony, in violation of R.C. §2923.03(A)(2) and §2911.11(A)(2), and containing a firearm specification under R.C. §2941.145; one count of Complicity to Aggravated Robbery, a first-degree felony, in violation of R.C. §2923.03(A)(2) and §2911.01(A)(1), and containing a firearm specification under R.C. §2941.145; two counts of Complicity to Attempted Aggravated Murder, both first-degree felonies, in violation of R.C. §2923.03(A)(2), §2923.02(A) and §2903.0a(A) and (B), respectively, and each containing a firearm specification under R.C. §2941.145; one count of Aggravated Trafficking in Drugs, a fourth-degree felony, in violation of R.C. §2925.03(A)(1); one count of Unlawful Transaction in Weapons, a fourth-degree felony, in violation of R.C. §2923.20(A)(1); and one count of Improperly Furnishing Firearms to a Minor, a fifth-degree felony, in violation of R.C. §2923.21(A)(3).
{¶17} On February 26, 2020, the State moved to amend the Indictment by amending the dates in Counts One through Ten, and Counts Twelve and Thirteen, from "on or about the period between June 10, 2019 and June 11, 2019," to read "on or about the period between June 9, 2019 and June 11, 2019," and by amending the date in Count Eleven to read "June 9, 2019."
{¶18} On February 28, 2020, the trial court granted the State's Motion.
{¶19} The case proceeded to a jury trial on March 2, 2020.
{¶20} On March 6, 2020, following deliberations, the jury found Appellant guilty of Counts One and Two, and Seven through Thirteen, of the Indictment, along with the firearm specifications thereon. The jury acquitted Appellant on Counts Three through Six of the Indictment.
{¶21} At the sentencing hearing on April 20, 2020, the State elected...
To continue reading
Request your trial