State v. Shanklin, Case No. 2018 CA 00069
| Decision Date | 06 May 2019 |
| Docket Number | Case No. 2018 CA 00069 |
| Citation | 2019 Ohio 1732 |
| Parties | STATE OF OHIO Plaintiff-Appellee v. RONALD RONDELL SHANKLIN Defendant-Appellant |
| Court | Ohio Court of Appeals |
JUDGES: Hon. W. Scott Gwin, P.J. Hon. John W. Wise, J. Hon. Patricia A. Delaney, J.
Assistant Prosecutor
110 Central Plaza South, Ste. 510
Canton, OH 44702-1413
For Defendant-Appellant
ANTHONY KOUKOUTAS
116 Cleveland Avenue N.W
808 Courtyard Centre
Canton, OH 44702
{¶1} Appellant Ronald Rondell Shanklin ["Shanklin"] appeals his convictions and sentences after a jury trial in the Stark County Court of Common Pleas.
{¶2} In May 2000, in the Illinois Circuit Court, Shanklin, a Chicago resident, pled guilty to one count of attempted murder and was sentenced to serve 19 years in an Illinois prison. In October 2016, Shanklin was released on parole under the supervision of the Illinois Department of Corrections, Parole Division. As a condition of his release, Shanklin was required to register a cell phone number and use an assigned PIN number to periodically check in with the Illinois Department of Probation's AMS (Automated Messaging Service) system. Upon his release, Shanklin registered, with the AMS system using the T-Mobile cell phone number 314-885-0882 (0882). Shanklin used the 0882 cell phone number to repeatedly check in with the system from January 10, 2017 to June 20, 2017.
{¶3} In the fall of 2016, Ivan Munford was released from an Ohio prison after serving time for marijuana possession. After Munford's release, Shanklin's cousin, Allen Walker ["Walker"], aka "Smoke," loaned Munford nine thousand dollars ($9,000.00). In May 2017, approximately two thousand dollars ($2,000.00) of the loan remained unpaid. In May 2017, during a telephone conversation, Munford and Walker got into an intense argument over the unpaid loan balance. After the argument, Munford became concerned for his life even attempting to purchase a gun for protection. As a result, Munford had no further contact with Allen Walker or Walker's cousin, Tullis White ["White"].
{¶4} On June 21, 2017, Munford and others including White, White's friend Calvin Carroll ["Carroll"], and Munford's fiancé, Rachel Sisson ["Sisson"], went fishing at Atwood Lake. Sisson thought this seemed unusual since Munford and White had not been speaking since Munford's argument with Walker. At the end of the day, Munford and Sisson went home. Munford took a shower and got ready to go out with his friends, Courtney Burns ["Burns"] and Anthony Brewton ["Brewton"].
{¶5} Munford arrived at Burns' house around 10:00 P.M. Burns arrived home ten minutes later, followed by Brewton. Around 12:05 A.M. White and Carroll arrived. White went inside Burn's home to purchase marijuana from Munford and Carroll remained in a vehicle parked in an alley behind the house.
{¶6} At trial, White testified that he saw Brewton at the kitchen counter, charging his cell phone. By White's testimony, White and Carroll left Burns' home at approximately 12:15 A.M. White testified that he had planned to meet Burns, Munford and Brewton at a bar later that evening. While White was buying marijuana, an unidentified black male arrived, dropped off cigarettes and left. Although White did not know the person's name, he recognized him from the southwest end of Canton and informed the police that the person was a "crackhead." Per White's testimony, Brewton was wearing a red shirt.
{¶7} After White and Carroll left, Munford, Burns and Brewton got ready to go to the bar. Burns agreed to drive, went out the back door to get his truck, and waited in the alley for Munford and Brewton. Brewton stayed in the kitchen continuing to charge his cell phone. Munford went out the front door to get something from his truck. Shortly after Munford went out the front door, Brewton heard gunshots. Brewton looked out the window, and saw Munford on the sidewalk, at the bottom of the hill, in front of the Burns'house. Brewton quickly exited the house, ran to Munford's side, and saw blood everywhere. Brewton testified that he told Munford to hold on, and called 9-1-1 for help. At that time, Brewton stated that Burns ran from the back to the front of the house.
{¶8} During the first attempted 9-1-1 call, Brewton's partially charged cell phone died. A portion of what Brewton said was recorded. Meanwhile, Burns came around the front of the house to see what was happening. Burns testified that when he saw Brewton's distress, and Munford's lifeless body, he realized Munford had been shot. In the first 9-1-1 recording Brewton can be heard saying, "Get the hammer (gun) and get to Bruh" (meaning Munford). Brewton testified that he was concerned that the shooter might still be in the area, and told Burns to get a gun from the house for protection. Brewton then used Burns' cell phone to make a second 9-1-1 call for help. When Burns returned with the gun, Burns turned Munford on his side to prevent Munford from chocking on his own blood. Brewton claimed that he did not know whose gun he had retrieved. Although Brewton was close to the front door, he claimed that he did not hear any arguing or commotion outside prior to the sound of gunshots. The police did not take clothing from Brewton or test him for gunshot residue. The police did take Brewton's phone, but returned it that night. According to Brewton, he did not see who shot Munford, nor does he know Ronald Shanklin.
{¶9} According to Burns' testimony, he was standing in the alley by his truck waiting for the others when he suddenly heard gunshots ring out in front of his house, causing him to run into his neighbor's backyard, away from the gunshots. After the gunfire ceased, Burn's walked toward Garfield Avenue where he happened upon Munford, lying on the ground with blood coming out of his mouth. Burns turned Munford over on his sideso he would not choke on his own blood. According to Burns, he did not see anyone else near Munford until a few moments later when Brewton appeared. Burns stated that Brewton told him to go get a gun, but he does not remember if he or anyone else went to get a gun.
{¶10} Burns then decided that it was taking too long for help to arrive. Burns ran to get his truck to transport Munford to the hospital. As Burns was driving his truck to the front of the house, he saw police and paramedics coming down the street. Burns flagged the first responders to the location of Munford's body, and pulled into a nearby Laundromat parking lot to clear the way for police vehicles. After the police arrived, unbeknown to law enforcement, Brewton put the gun back in the house. Burns went downtown and submitted to a recorded interview. Contrary to his testimony, Burns told the police in his recorded statement that both Munford and Brewton went out the front door of the house and that Munford locked the front door. Also contrary to his testimony, Burns told the police that as he ran toward Munford, he saw Brewton running back into the house. Burns also told the police that White and Brewton were not at his home at the same time, contradicting his own as well as Brewton's testimony.
{¶11} Sergeant Pelligrino, from the Canton Police Department, responded to the scene. Sergeant Pelligrino testified that he observed Munford's body lying on its side facing the bottom of the hill. He testified he saw grass marks that indicated someone had rolled down the hill. Pelligrino also observed a fatal bullet wound to the right side of Munford's head. Finally, Sergeant Pelligrino observed a cell phone, a bottle of men's cologne and Munford's truck keys laying in the grass, in the front of the house, at the top of the hill.
{¶12} The police asked Burns to sign a consent form allowing officers to search his house. Burns initially refused, but after Detective Talkington and Sergeant George told him that if there was dope or a gun in his home they were not interested unless it was a gun involved in this case, Burns changed his mind. When the detectives found a gun, they complied with the terms of the deal. Despite the fact that Burns is a convicted felon and cannot legally possess a firearm, no charges were filed. Burns claimed he did not fire a gun that night and did not shoot Munford. According to Burns, he did not see who shot Munford, nor does he know Ronald Shanklin.
{¶13} On June 22, 2017, at around 4:05 A.M., Agent Daniel Boerner a special agent for Ohio's BCI arrived at the murder scene. Agent Boerner collected several items from the sidewalk at the scene including, two black socks from the sidewalk. One sock was covered in grass. He additionally collected seven 9 mm R&P shell casings, and a bullet fragment. Agent Boerner also collected a pair of black sandals from the entrance to Eric Thomsen's house, which was located directly across the street from the murder scene.
{¶14} On June 22, 2017, at 2:30 P.M., Deputy Jack Hewitt from the Stark County Sheriff's Department was dispatched to a call regarding a gun laying on the side of the road near the intersection of Whipple and Everhard Roads in North Canton, off I-77. Deputy Hewitt recovered the gun and identified the gun as being a Sig Sauer. A search of the gun's serial number revealed that it was stolen property. Deputy Hewitt observed that the magazine was missing. He also observed a white strip of paint on the gun. He testified that the paint strip matched the off-white paint on the I-77 overpass directly above the location of the gun. At trial, Deputy Hewitt testified that it appeared that the gun hadbeen thrown from a car traveling on I-77, struck the bridge and then landed where it was located.
{¶15} On June 22, 2017, in the early morning hours after the murder, Sergeant Victor George of the Canton Police...
To continue reading
Request your trial