State v. Richey
| Decision Date | 30 August 2018 |
| Docket Number | No. 17AP-260,17AP-260 |
| Citation | 118 N.E.3d 1147,2018 Ohio 3498 |
| Parties | STATE of Ohio, Plaintiff-Appellee, v. Latrell D. RICHEY, Defendant-Appellant. |
| Court | Ohio Court of Appeals |
On brief: Ron O'Brien, Prosecuting Attorney, and Barbara A. Farnbacher, for appellee.
On brief: Brian J. Rigg, Columbus, for appellant.
DECISION
{¶ 1} Defendant-appellant, Latrell D. Richey, appeals the March 20, 2017 judgment of the Franklin County Court of Common Pleas, convicting him, pursuant to a jury verdict, and imposing sentence. For the following reasons, we affirm.
{¶ 2} This matter arises out of the July 30, 2015 fatal shooting of James Flannery, a delivery driver for Papa John's Pizza ("Papa John's"). On August 21, 2015, a Franklin County Grand Jury filed an indictment charging appellant with nine criminal counts: (1) kidnapping, in violation of R.C. 2905.01, a felony of the first degree; (2) aggravated robbery, in violation of R.C. 2911.01, a felony of the first degree; (3) aggravated murder, in violation of R.C. 2903.01, an unclassified felony; (4) and (5) murder, in violation of R.C. 2903.02, both unclassified felonies; (6) and (7) two counts of intimidation of an attorney, victim, or witness in a criminal case, in violation of R.C. 2921.04, both felonies of the third degree; and (8) and (9) two counts of having weapons while under disability, in violation of R.C. 2923.13, both felonies of the third degree. All counts, with the exception of the charges for having weapons while under disability, contained a three-year firearm specification pursuant to R.C. 2941.145(A).
{¶ 3} On January 27, 2017, appellant filed a notice of alibi. On January 30, 2017, appellant filed a waiver of his right to a jury trial on a count of having weapons while under disability. On January 30, 2017, the matter proceeded to trial by jury on the remaining counts.
{¶ 4} Michelle Reynolds-Parra, a patrol officer with the Columbus Division of Police, testified that shortly after 11 p.m. on July 30, 2015, she responded to a report of a shooting in the area of Kimberly Parkway and Hamilton Road in Columbus. Upon arriving, Officer Reynolds-Parra observed a lighter-colored minivan, which she later observed was a delivery van for Papa John's, had struck a pole. Another officer who was already present at the scene was assisting a person, later identified as Flannery, who was suffering from a chest wound
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{¶ 5} Robert B. Polta, an officer with the Community Response Team ("CRT") of the Columbus Division of Police, testified that at approximately 11 p.m. on the date of the incident he and two other members of CRT responded to a report of a shooting at a house located near the intersection of Kenaston Drive and Weyburn Road in Columbus ("vacant house"). The house was vacant and secure. Another officer who arrived at the scene with Officer Polta found a real estate sign on the west side of the house, part of which was missing and later located in the front yard. In the street around the vacant house, Officer Polta found a shell casing that had been crushed. Another officer who arrived at the scene found drops of blood a few feet away from the shell casing. The officers spoke to a witness who reported hearing a single gunshot and observing individuals run northbound through the backyard of the vacant house.
{¶ 6} David Ramey, a detective with the Crime Scene Search Unit ("CSSU") of the Columbus Division of Police, arrived at the vacant house at approximately 1 a.m. on July 31, 2015. Detective Ramey and two other CSSU detectives processed the scene at the vacant house, then processed the scene at Kimberly Parkway and Hamilton Road. The detectives returned to the vacant house later in the morning to ensure nothing was missed. Detective Ramey identified photographs he took at the scenes, which were later admitted into evidence, a diagram of the scene at the vacant house, and the shell casing recovered by Officer Polta.
{¶ 7} Larry Shoaf, a CSSU detective with the Columbus Division of Police, testified that on July 31, 2015 he responded to a request to process evidence found at a house on Meridian Court in Columbus. Detective Shoaf photographed and retrieved a Papa John's delivery bag in the bottom of a trash can outside the Meridian residence. There was no other debris or trash in the trash can where the delivery bag was found.
{¶ 8} Raymond Guman, a CSSU detective with the Columbus Division of Police, testified that in August 2015 he searched Flannery's minivan which was recovered from the scene at Kimberly Parkway and Hamilton Road. Detective Guman recovered a delivery ticket from a black money bag that was located between the front seats of the vehicle. The ticket contained a name, John Smith, a phone number ending in 9928, and an address that matched that of the vacant house. Detective Guman photographed the location of a possible bullet strike on the driver's side door and possible blood on the interior of the driver's side door.
{¶ 9} Lisa Swisher, a CSSU detective with the Columbus Division of Police, testified that on August 20, 2015 she collected evidence from a house on Rotunda Court ("Rotunda house") in Columbus. Specifically, Detective Swisher collected two Papa John's Pizza boxes, a two-liter bottle of Sierra Mist, and a piece of pizza. Detective Swisher found a label on each pizza box with the same name, phone number, and address as the delivery ticket recovered from the minivan.
{¶ 10} Jacqueline Mitchell, a CSSU detective with the Columbus Division of Police, testified that on August 21, 2015 she collected three wet hooded sweatshirts from a wooded location near Rotunda Court.
{¶ 11} J.H., who was 15 years old at the time of trial, testified that on July 30, 2015, when he was 13-years old, he was approached by Sir Jeffrey Carroll, who asked J.H. if he wanted to make some money. J.H. agreed and followed Carroll to the vacant house, where they met appellant. J.H., at appellant's instructions, removed a realtor's sign from the front of the house and placed it on the side of the house. Carroll, using a telephone application or "calling app" on his cell phone that provided a different phone number from his own, called Papa John's and ordered two pizzas and a bottle of soda. (Tr. Vol. I at 163.) At that point, J.H. understood that "[t]hey [were] going to take the money and the pizza and the pop from the pizza man." (Tr. Vol. I at 128.)
{¶ 12} J.H. waited in the yard behind the vacant house with Carroll and appellant. Appellant showed J.H. a gun he had in his pocket. J.H. described the gun as small and red with a black handle. While they waited for the delivery, J.H. left and returned with three hooded sweatshirts for himself, Carroll, and appellant.
{¶ 13} Flannery arrived and parked his vehicle on the opposite side of the street from the vacant house. When Flannery rang the doorbell, J.H. ran around the house with Carroll and appellant, who pointed his gun at Flannery and told him to step off the porch. Flannery stood completely still for about 25 to 30 seconds, then stepped off the porch, began walking slowly backwards toward his vehicle, and threw his delivery bag at J.H. and his companions. Appellant shot Flannery, who threw money from his pocket onto the ground where it was retrieved by either Carroll or appellant. J.H. took the pizza which was in a delivery bag and one of his companions took the soda. J.H. and his companions then fled the scene.
{¶ 14} As J.H. and his companions fled, appellant told them to remove their hooded sweatshirts and throw them into bushes, which they all did. Carroll took the delivery bag from J.H. and removed the pizza boxes. They fled to the Rotunda house where appellant was staying, went to the basement, and ate the pizza. J.H. saw appellant drink some of the soda without touching his lips to the bottle. J.H. testified Carroll then left to buy marijuana. Appellant removed the gun from his pocket, pointed it toward J.H., and told J.H. not to tell anyone what happened.
{¶ 15} Later, J.H. was contacted by police and asked to come to a police station. J.H. went with his mother. At first, J.H. denied involvement, but later admitted he saw appellant shoot the delivery driver.
{¶ 16} At trial, J.H. indicated on a diagram where the shooting occurred and the Rotunda house at which appellant was staying. J.H. testified he entered into an agreement, which was admitted into evidence, with plaintiff-appellee, State of Ohio, to testify in exchange for a reduction in his charge from murder to manslaughter.
{¶ 17} Carroll testified he had known J.H. for approximately five years. On the date of the incident, Carroll was staying with appellant at the Rotunda house when they decided to rob a pizza delivery driver. J.H. asked to accompany them and appellant agreed. The three companions met at the vacant house.
{¶ 18} According to Carroll, appellant told J.H. to move the realtor sign from the front of the vacant house. Carroll testified a friend of J.H. brought them three hooded sweatshirts to wear in order to conceal their faces. Carroll used a telephone application he identified as a "Pinger app" in order to disguise his actual telephone number when he called for pizza delivery. (Tr. Vol. II at 366.) Carroll ordered two pizzas and Sierra Mist soda.
{¶ 19} When Flannery arrived, Carroll and his companions ran from the backyard to the front yard of the vacant house. Appellant stated to Flannery, "You know what time it is," which Carroll stated meant this was a robbery. (Tr. Vol. II at 370-71.) Carroll told Flannery to go to the backyard. Instead, Flannery walked off the porch, threw the pizza and soda, and ran toward his vehicle. As Flannery tried to get in his vehicle, Carroll kicked the door and appellant stated, (Tr. Vol. II at 372.) Carroll moved and heard a bang. He grabbed the money while J.H. grabbed the pizzas and then ran with appellant...
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