State v. Spaulding
| Decision Date | 15 December 2016 |
| Docket Number | No. 2013–0536.,2013–0536. |
| Citation | 2016 Ohio 8126,89 N.E.3d 554,151 Ohio St.3d 378 |
| Parties | The STATE of Ohio, Appellee, v. SPAULDING, Appellant. |
| Court | Ohio Supreme Court |
Sherri Bevan Walsh, Summit County Prosecuting Attorney, and Heaven DiMartino, Assistant Prosecuting Attorney, for appellee.
Donald Hicks ; and The Law Office of Donald Gallick, L.L.C., and Donald Gallick, Lakewood, for appellant.
{¶ 1} This is an appeal of right by defendant-appellant, Dawud Spaulding, who was convicted of the 2011 aggravated murders of Erica Singleton and Ernie Thomas and was sentenced to death. For the reasons below, we affirm Spaulding's convictions and sentence.
{¶ 2} In 2012, the state charged Spaulding with two counts of aggravated murder under R.C. 2903.01(A). Each count carried a death specification for course of conduct, R.C. 2929.04(A)(5), and the first count also carried a death specification for witness murder, R.C. 2929.04(A)(8). The state also charged Spaulding with the attempted murder of Patrick Griffin, felonious assault, domestic violence, menacing by stalking, intimidation of a crime victim or witness, violating a protection order, and having weapons while under a disability. Four counts of the indictment carried firearm specifications.
{¶ 3} The state presented evidence of the following at a jury trial, which began in October 2012.
{¶ 4} Spaulding and Singleton began dating in 1999 or 2000 and had two children: Dre'San, born in 2004, and Damonie, born in 2009. According to Singleton's mother, by 2006, the couple was fighting "all the time."
{¶ 5} In 2008, Singleton allegedly stabbed Spaulding during an argument. While discussing this alleged incident during a 2011 police investigation, Spaulding said that he "deserved it" and that she was retaliating because he had been cheating on her. He also told police that Singleton sprayed him with mace in 2009 and that it angered him because he "wasn't even cheating" at the time.
{¶ 6} In April 2010, Singleton called 9–1–1 to report the theft of her car radio. She told the responding officer, Detective Jeremy McGee, that Spaulding had been threatening her in telephone calls and text messages, including one that mentioned that her radio would look good in his car. McGee recorded three voicemail messages that Spaulding had left for Singleton, and the state played them at trial. On the messages, Spaulding referred to Singleton as a "dumb bitch," threatened to get in "[her] grill," said he would "get away with this," and cautioned that he would be "ready" if police came to get him. Spaulding was convicted of domestic violence and telecommunications harassment.
{¶ 7} In February 2011, Singleton called 9–1–1 to a report a domestic dispute. The responding officer testified that Singleton said her ex-boyfriend had sent her several text messages that morning accusing her of seeing another man. Later, she heard a knock at her door and opened it to find Spaulding. He struck her across the face, knocked her to the floor, and fled with her cell phone. Spaulding pleaded guilty to felony domestic violence.
{¶ 8} In August 2011, Singleton requested a civil protection order against Spaulding and testified at an ex parte hearing before Magistrate Tracy Stoner in the Summit County domestic-relations court. Magistrate Stoner testified at trial and recalled Singleton's testimony that Spaulding had threatened her with a gun and threatened her mother and sister. Magistrate Stoner found that this testimony was credible evidence to support Singleton's request and issued a one-year protection order. But the order was dismissed when Singleton did not appear at the final hearing.
{¶ 9} In October 2011, Singleton called 9–1–1 from a hotel to report that someone had slashed or let the air out of her car tires. The responding officer testified that Singleton was "terrified" and that she suspected Spaulding. She told the officer that Spaulding had been stalking her by using the GPS in her cell phone. (In December 2011, Spaulding confirmed this suspicion when he told police that he had tracked Singleton to a hotel, where he found her with a man named James.) While the officer was at the scene, Singleton had a phone conversation with a man she identified as Spaulding. The officer heard the man calling Singleton names, swearing, and accusing her of sleeping with James.
{¶ 10} After Spaulding learned that Singleton "was messing with James," he began seeing Anitress Morris ("Peaches"). By October or November 2011, Spaulding was staying at Peaches's apartment.
{¶ 11} Around the same time, Singleton began a relationship with Ernest Thomas. Singleton often spent time at Thomas's home at 1104 Grant Street in Akron and, according to Thomas's brother, they were becoming "real close."
Spaulding later told police that he had not minded Singleton seeing other men, even though they had "been together for ten years."
{¶ 12} On November 28, 2011, Singleton called 9–1–1 to report that Spaulding had broken into her apartment, held "a gun on [her]," and "almost cut [her] neck." Officers responded and took Singleton's statement. Singleton said that Spaulding had entered the apartment around 5:00 a.m. and stayed several hours, refusing to let her leave. He had straddled Singleton in her bed, held a hand over her mouth, brandished a steak knife and a handgun,1 and threatened "to kill her as revenge for having him arrested in the past." He had also demanded money. While officers were still at the scene, Spaulding called Singleton. Over speakerphone, Sergeant Carl Woofter heard Spaulding tell Singleton three times to "let this go"; Spaulding also warned, "I'm watching you now."
{¶ 13} Police issued a warrant for Spaulding's arrest on four first-degree felony charges: aggravated robbery, aggravated burglary, domestic violence, and kidnapping. Spaulding later told police that he had been aware that he had been charged and believed (incorrectly) that he was facing an attempted-murder charge. At trial, Lieutenant James Phister explained that Spaulding could have been sentenced to up to 46 years of imprisonment if convicted of these charges.
{¶ 14} Singleton began staying at a battered-women's shelter and again sought a civil protection order against Spaulding. On December 1, 2011, she appeared at an ex parte hearing in Summit County before domestic-relations magistrate Stephan Bennett Collins. At trial, Magistrate Collins testified that Singleton "gave some pretty compelling testimony as to the nature of the violence she had experienced." Magistrate Collins issued a one-year protection order and scheduled a final hearing for December 14, at which Spaulding would have an opportunity to respond to Singleton's allegations.
{¶ 15} Spaulding told police that he did not speak to Singleton again until about a week after the November 28 incident. He said that he offered Singleton $2,500 to "drop the charges" against him and that she agreed, without accepting the money. On December 6, Singleton contacted police to ask whether she could have the charges dismissed. A few days later, she showed her mother her life-insurance policies and explained, "[J]ust in case something happen [s], * * * I got a hundred thousand dollars on me." On December 14, Singleton did not appear for the final hearing on the civil protection order issued by Magistrate Collins.
{¶ 16} At trial, Singleton's mother testified that she had urged her daughter to leave Spaulding at various times but that Singleton kept "going back" to him. In addition, the state introduced testimony from Dana Zedak, a social worker at a battered-women's shelter. Zedak testified about the dynamics of domestic violence. She explained that victims are often reluctant to prosecute domestic violence and have a tendency to return to abusive relationships and to blame themselves for the violence.
{¶ 17} On December 14, 2011, Singleton asked her mother to watch Dre'San and Damonie. She went to the movies with Thomas, then back to his house at 1104 Grant Street. They spent an hour or two with Thomas's nephew, Patrick "Pee Wee" Griffin, and his friend Anthony Shellman.
{¶ 18} Shortly before 2:00 a.m. on December 15, Griffin left Thomas's home to pick up food and to sell cocaine. Griffin was walking out the side door of the house, which opened onto the driveway, when he saw someone with a gun. The person shot Griffin in the back of the neck from a distance of three or four feet. The bullet transected his spinal cord and paralyzed him from the neck down.2
{¶ 19} Shellman testified that as he was walking out the door, he heard Griffin say, "Ah, shit," followed by three gunshots and Griffin's screams. Shellman ran back into the house and used a mattress for cover. He heard someone unload a gun and exchange the clip. Later, he looked into the kitchen and saw "a tall individual," whom he could not identify. Eventually, Shellman ran out of the house with Thomas and Singleton and called 9–1–1.
{¶ 20} Emergency medical personnel transported Griffin to the hospital. His car remained at 1104 Grant Street, where it blocked Thomas's and Singleton's cars in the driveway until it was towed at 5:00 a.m. According to Thomas's friend, Niechelle Bell, she gave Thomas and Singleton a ride to Singleton's apartment in Tallmadge at 3:30 or 4:00 a.m.
{¶ 21} Around 7:45 a.m., Singleton called her mother, Kimberly ("Kim") Singleton, and said she was on her way to pick up Dre'San for school. Not long after, Spaulding called Kim and asked, "Did Erica make it there yet?" Kim told him that Singleton was on her way. In response, Spaulding "started laughing" and asked, "She ain't made it there yet?"
{¶ 22} At 8:01 a.m., two men found Singleton and Thomas lying in the driveway of 1104 Grant Street and called 9–1–1.
{¶ 23} Police were dispatched...
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