State v. Pickett, Case No. 15CA13
| Decision Date | 20 June 2016 |
| Docket Number | Case No. 15CA13 |
| Citation | 2016 Ohio 4593 |
| Parties | STATE OF OHIO, Plaintiff-Appellee, v. TIMOTHY L. PICKETT, Defendant-Appellant. |
| Court | Ohio Court of Appeals |
DECISION AND JUDGMENT ENTRY
APPEARANCES:
George W. Leach, Columbus, Ohio, for Appellant.
Keller J. Blackburn, Athens County Prosecuting Attorney, and Merry M. Saunders, Athens County Assistant Prosecuting Attorney, Athens, Ohio, for Appellee.
CRIMINAL CASE FROM COMMON PLEAS COURT
{¶ 1} This is an appeal from an Athens County Common Pleas Court judgment of conviction and sentence. The trial court found Timothy Pickett, defendant below and appellant herein, guilty of (1) aggravated burglary in violation of R.C. 2911.11(A)(1), and (2) complicity to felonious assault in violation of R.C. 2903.11(A)(1) and 2923.03(A)(2).
{¶ 2} Appellant assigns the following errors for review:
{¶ 3} On November 12, 2013, appellant and his son, Michael Wright, entered Jeffrey McCulloch's home, while McCulloch and his friend, Mark Dowdy, were present. The parties dispute the precise series of events that transpired and the circumstances under which appellant and Wright entered McCulloch's home. What is not disputed, however, is that Wright stabbed McCulloch, which caused McCulloch's intestines to protrude.
{¶ 4} On April 28, 2014, an Athens County grand jury returned an indictment that charged appellant with aggravated burglary and felonious assault. Appellant entered not guilty pleas.
{¶ 5} On March 10 and 11, 2015, the trial court held a bench trial. To start, the state requested the court to allow the two victims, McCulloch and Dowdy, to remain in the courtroom. Appellant, however, requested that the court prohibit the victims from remaining in the courtroom during the other's testimony. The court ruled that the victims could remain in the courtroom throughout the trial and that the court would "take into consideration any weight that it might give their testimony, after hearing the testimony of any other individuals in this case."
{¶ 6} McCulloch testified and explained the November 12, 2013, incident as follows. Shortly after Dowdy arrived at his home, McCulloch heard a knock on his door. McCulloch asked who it was, and a voice responded, "John." McCulloch asked, "John who?" The voice responded, "Woolett." McCulloch explained that he knew an individual named John Woolett so he requested Dowdy to open the door. As soon as Dowdy opened the door, appellant and Wright charged in the door. Wright had his hand in his pocket and McCulloch "kn[e]w [Wright] had a weapon of some kind." McCulloch, apparently discerning a threat, "took [Wright] to the ground." Wright extricated himself from McCulloch's hold and threatened to cut off McCulloch's finger with a pocket knife and also threatened to slit his throat. McCulloch stated that Wright wanted McCulloch's "money or drugs." McCulloch refused to cede to Wright's will, and Wright stabbed him. At that point, appellant stated, "I'm out of here," and both appellant and Wright fled the premises.
{¶ 7} Dowdy testified and explained the November 12, 2013 incident as follows. He was visiting McCulloch when they heard a knock on the door. As soon as Dowdy opened the door, appellant and Wright rushed in and asked where the "money and drugs" were located. Appellant and Wright stated that they were "there to rob" McCulloch and Dowdy. McCulloch grabbed appellant by the throat, then turned his attention to Wright. Wright and McCulloch fought in the kitchen, while appellant subdued Dowdy in the living area. Appellant then attempted to help Wright by "tak[ing McCulloch] to the floor." Dowdy started to get up, and appellant came running back to Dowdy. Appellant sat on top of him, with a knife in his hand, and stated, McCulloch started gaining "the upper hand" on Wright, so appellant returned to the kitchen to help Wright "rob" McCulloch. Dowdy grabbed a knife and stated, Appellant ran back towards Dowdy and again subdued him. During the struggle, appellant apparently stabbed Dowdy's hand with a knife. After Wright stabbed McCulloch, appellant and Wright ran out of the house.
{¶ 8} After the state rested, appellant moved for a Crim.R. 29(A) judgment of acquittal and asserted that the state failed to present sufficient evidence to support a felonious assault or aggravated burglary conviction. Appellant pointed out that (1) the state did not present any evidence that appellant caused McCulloch serious physical harm so as to support the felonious assault conviction, and (2) the state failed to present evidence that he unlawfully entered McCulloch's premises with purpose to commit a theft offense. The state, however, asserted that sufficient evidence supports a finding that appellant, at a minimum, gained entrance to McCulloch's residence by deception. The state also argued that sufficient evidence supported a finding that appellant was complicit in causing McCulloch serious physical harm. The state pointed out that Dowdy testified that appellant helped Wright subdue McCulloch, which led to the stabbing. The trial court overruled appellant's motion.
{¶ 9} In his defense, appellant presented testimony from his wife, Carla Pickett. She stated that she saw appellant and Wright after they had been to McCulloch's house and that both appeared upset. She noted that appellant had a knife sticking out of his coat pocket. Carla stated that she had never seen this knife before and that appellant appeared surprised to find it there.
{¶ 10} Appellant offered the following version of the events of November 12, 2013. Appellant needed to pick up some money from an individual named "Jack." Wright and appellant drove to Jack's house, but Jack was not home. Wright suggested that while they wait for Jack to return, they visit one of his friends. Wright drove to McCulloch's trailer. Appellant became concerned that Wright intended to purchase drugs during this visit, so he accompanied Wright to the door. Wright knocked on the door. When the door opened, they both stepped inside. McCulloch then attacked Wright. Appellant stated that he tried to help Wright so they could leave, because he did not "know what in the heck is going on." Dowdy grabbed appellant, and appellant pushed Dowdy to the couch. Appellant tried to break up the fight between Wright and McCulloch and Dowdy approached Wright with a knife and stated, "I'm going to kill ya." Appellant subdued Dowdy, and then he and Wright left. Appellant was unaware that McCulloch had been stabbed, and he did not know that Wright had carried a knife into McCulloch's trailer.
{¶ 11} Appellant also denied that either he or Wright claimed to be "John Woolet" when they knocked on McCulloch's door. He also denied knowing the origin of the knife that he found in his coat pocket later in the evening. Appellant claimed that when he went to McCulloch's trailer with Wright, he thought McCulloch was one of Wright's friends. Appellant denied having an intent to harm anyone and claimed that he was only trying to help Wright.
{¶ 12} On March 19, 2015, the trial court orally announced its decision and found appellant guilty of aggravated burglary and complicity to felonious assault. The court explained its findings and noted that McCulloch's and Dowdy's testimony revealed some inconsistencies, but the court did not find them "so * * * different that it * * * leads the Court to a different conclusion." The court stated that it shared appellant's counsel's concerns regarding both victims remaining in the courtroom during the testimony and explained: The court considered appellant's assertion that he was a tacit participant in the events, but found evidence to the contrary. The court observed that it had reviewed videotaped surveillance footage of appellant's and Wright's conduct before knocking on McCulloch's door and found that "they did not immediately go to the door upon entering the driveway." The court believed that their conduct showed that they had "preplanned" this "mission." The court further noted that Dowdy testified that appellant asked for money during the encounter. The court further found that appellant inflicted, or threatened to inflict, physical harm upon Dowdy and that he had a deadly weapon (a knife) on or about his person or under his control. The court additionally determined that appellant's conduct facilitated Wright in stabbing McCulloch and that he thereby aided or abetted Wright in committing felonious assault.
{¶ 13} On April 13, 2015, the trial court found appellant guilty of (1) aggravated burglary in violation of R.C. 2911.11(A)(1), and (2) complicity to felonious assault in violation of R.C. 2903.11(A)(1) and R.C. 2923.03(A)(2). The court determined that the offenses did not merge and sentenced appellant on both counts. The court explained:
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