State v. Sanders
| Decision Date | 30 June 2022 |
| Docket Number | 109598 |
| Citation | 2022 Ohio 2261 |
| Parties | STATE OF OHIO, Plaintiff-Appellee, v. DEMARCUS SANDERS, Defendant-Appellant. |
| Court | Ohio Court of Appeals |
2022-Ohio-2261
STATE OF OHIO, Plaintiff-Appellee,
v.
DEMARCUS SANDERS, Defendant-Appellant.
No. 109598
Court of Appeals of Ohio, Eighth District, Cuyahoga
June 30, 2022
Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-18-634379-A
JUDGMENT: AFFIRMED
Michael C. O'Malley, Cuyahoga County Prosecuting Attorney, and Kevin R. Filiatraut, Assistant Prosecuting Attorney, for appellee.
Cullen Sweeney, Cuyahoga County Public Defender, and Francis Cavallo, Assistant Public Defender, for appellant.
JOURNAL ENTRY AND OPINION
EILEEN T. GALLAGHER, J.
{¶ 1} Defendant-appellant, Demarcus Sanders ("Sanders"), appeals from his convictions following a bench trial. He raises the following assignments of error for review:
1. There was insufficient evidence produced at trial to support a finding of guilt
2. The trial court erred by finding that defendant failed to establish his not guilty by reason of insanity ("NGRI") defense, pursuant to R.C. 2901.01(A)(14) by the preponderance of the evidence, finding the defendant guilty against the manifest weight of the evidence.
{¶ 2} After careful review of the record and relevant case law, we affirm Sanders's convictions.
I. Procedural and Factual History
{¶ 3} On November 15, 2018, Sanders was named in a five-count indictment, charging him with aggravated murder in violation of R.C. 2903.01(A); aggravated murder in violation of R.C. 2903.01(B); aggravated robbery in violation of R.C. 2911.01(A)(3); murder in violation of R.C. 2903.02(B); and felonious assault in violation of RC. 2903.11(A)(1). Each offense carried one- and three-year firearm specifications. The indictment stemmed from allegations that Sanders shot and killed the victim, K.L., on November 4, 2018.
{¶ 4} Based on Sanders's documented history of paranoid schizophrenia, he was referred to the court psychiatric clinic to assess his competency to stand trial and his sanity at the time of the incident. The case was subsequently transferred to the mental health docket on January 23, 2019.
{¶ 5} On July 17, 2019, the parties stipulated to the competency report submitted by the psychiatric clinic and agreed that Sanders was competent to stand trial. On August 6, 2019, Sanders was referred to the court psychiatric clinic for
further assessment of his sanity at the time of the incident pursuant to R.C. 2945.371.
{¶ 6} On January 9, 2020, Sanders entered a plea of not guilty by reason of insanity and requested an order appointing an independent expert. On January 10, 2020, the trial court granted Sanders's motion and granted him funds to undergo an independent psychological examination from forensic and clinical psychologist, John M. Fabian, Psy.D., J.D. ("Dr. Fabian").
{¶ 7} On January 27, 2020, Sanders executed a written waiver of a jury trial, and the matter then proceeded to a bench trial. As pertinent to this appeal, the following facts were adduced at trial.
A. The State's Presentation of Evidence
{¶8} On behalf of the state, AA. testified that he is employed as a cashier at Shop Express, a convenience store located on Warrensville Center Road in the city of Warrensville Heights, Ohio. On November 4, 2018, AA. completed his shift at work and was entering his vehicle when he "heard two gunshots go off." (Tr. 34.) When AA. got out of his vehicle to investigate the noise, he observed a man, later identified as K.L., being chased by a second man, later identified as Sanders. As the men ran southbound on Warrensville Center Road, AA. observed Sanders stop at the corner of Kings Highway Boulevard to reload his shotgun. Sanders then continued his chase of the victim, and two additional shots were fired. When AA. walked down the parking lot to obtain a better perspective, he observed Sanders standing over K.L.'s motionless body. Sanders then "look[ed] through [K.L.'s]
pockets" before fleeing on foot. (Tr. 35.) A.A. testified that he remained at the scene and spoke with the police when they arrived. A.A. further assisted the police in obtaining surveillance video from his convenience store.
{¶ 9} J.C. testified that on November 4, 2018, he was pulling into the Shop Express parking lot when he heard a gunshot and observed two men run past his vehicle. J.C. stated that it was evident the first man was being chased by the second man, who was holding a shotgun. J.C. testified that the men ran approximately one block before the man brandishing the shotgun shot the man he was chasing. J.C. stated that the shooter then stood over the victim and began "checking for something" on the victim's person. (Tr. 54.) J.C. later clarified that from his perspective, it appeared the shooter was "looking for something * * * between the [victim's] neck and pants area." (Tr. 54.)
{¶ 10} Officer Thomas Kazimer ("Officer Kazimer"), formerly of the Warrensville Heights Police Department, testified that on November 4, 2018, he responded to the scene of the shooting. Upon arrival, Officer Kazimer observed K.L. lying face down on the ground. Officer Kazimer testified that there was a large pool of blood under KL.'s body and that "his pants were pulled down slightly to mid-thigh." (Tr. 77.) Officer Kazimer testified that he spoke with witnesses at the scene and learned that the shooter had fled the scene northbound on Warrensville Center Road. Based on this information, the responding officers began patrolling the area and a K-9 unit was used to set a perimeter around the scene.
{¶ 11} Detective Dennis Fossett ("Det. Fossett") of the Warrensville Heights Police Department testified that he was called to the scene approximately one hour after the shooting occurred. Once at the scene, Det. Fossett spoke with witnesses and viewed surveillance video footage obtained from nearby businesses, including Shop Express. Thereafter, Det. Fossett and responding officers began canvasing the area where the shooter was seen fleeing on foot. Det. Fossett testified that the officers recovered a yellow shotgun casing and a cell phone that was later identified as belonging to K.L. Two additional spent shotgun shells were recovered near the area where K.L.'s body was discovered.
{¶ 12} While Det. Fossett was waiting for a forensic team to secure the recovered evidence, he "noticed a resident at [a home located on] Warrensville Center Road looking out the side door." (Tr. 420.) Det. Fossett testified that he approached the home in an effort to determine whether the homeowner had any information pertaining to the shooting. However, the homeowner immediately locked the entry door and shut off the television and interior light as Det. Fossett walked up the driveway. Det. Fossett testified that he then knocked on the side door, but nobody answered. At that point, Det. Fossett had dispatch run the license plate of the vehicle parked in the driveway. He subsequently learned that the vehicle was registered to Sanders.
{¶ 13} After returning to the scene of the shooting, Det. Fossett learned that a resident in the area had provided detectives with video footage captured by the resident's home-security system.
{¶ 14} The video footage, marked state's exhibit No. 130, was played for the trier of fact as Det. Fossett described the events as they occurred. In pertinent part, the video depicts the events that immediately preceded the shooting. The video shows K.L. approach the same residence previously visited by Det. Fossett on Warrensville Center Road. K.L. walked up the driveway and knocked on the side door of the home. When no one responded, K.L. looked in the backyard of the property before returning to the driveway.
{¶ 15} While K.L. was waiting in the front yard, the video depicts Sanders arriving at his home on foot. He was pushing a lawnmower and was immediately confronted by K.L. Following a brief discussion, Sanders and K.L. walked up the driveway together, and Sanders pushed his lawnmower into the backyard. When Sanders returned to the driveway, he and K.L. spoke face-to-face for less than two minutes. Sanders then entered his home through the side door approximately 11:14 minutes into the video. At that time, K.L. walked down the driveway and stood near the sidewalk, where he remained for several minutes. Sanders then reopened the side door, and the men briefly exchanged additional words. Sanders then reentered his home, and K.L. continued to stand at the end of his driveway. At approximately 13:44 minutes into the video, Sanders exited his home a second time. On this occasion, however, Sanders was in possession of a shotgun and immediately began chasing K.L. down Warrensville Center Road in broad daylight, past residences, traffic, several businesses, and multiple witnesses for approximately 900 feet. Although the video does not capture the shots that ultimately killed K.L., the video
shows Sanders return to his home and enter the side door approximately three minutes after he exited his home with a shotgun.
{¶ 16} Based on the information gathered from the surveillance footage, Det. Fossett obtained a warrant to search Sanders's home and a SWAT unit was called to the scene. At approximately 1:54 a.m., members of the SWAT unit attempted to contact Sanders on his cell phone. They also used a public address system in an effort to facilitate a peaceful surrender. When their efforts proved to be unsuccessful, however, the SWAT unit launched tear-gas canisters into the home to flush Sanders outside. At approximately 5.00 a.m., members of the SWAT unit physically entered the home and took Sanders into custody. Sanders was found hiding under clothing on the floor of the upstairs bedroom. The shotgun was located under the bed in the bedroom.
{¶ 17} After the scene was secured, Det. Fossett entered Sanders's home to execute a thorough search of the residence. Det. Fossett testified that he confiscated several items discovered inside the...
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