State v. Templeton, 2007 Ohio 1148 (Ohio App. 3/14/2007)
| Decision Date | 14 March 2007 |
| Docket Number | No. 2006-CA-33,2006-CA-33 |
| Citation | 2007 Ohio 1148 |
| Parties | State of Ohio, Plaintiff-Appellee, v. Ian James Templeton, Defendant-Appellant. |
| Court | Ohio Court of Appeals |
Kirsten L. Pscholka-Gartner, Assistant Richland County Prosecutor, 38 South Park St., Mansfield, OH 44902, for Plaintiff-Appellee.
David Homer, 13 Park Avenue W., Ste. 609, Mansfield, OH 44902, for Defendant-Appellant.
Before: Hon: W. Scott Gwin, P.J., Hon: William B. Hoffman, J., Hon: Sheila G. Farmer, J.
{¶1} Defendant-appellant, Ian James Templeton, appeals his conviction and sentence in the Richland County Court of Common Pleas on one count of aggravated burglary in violation of R.C. 2911.11(A)(1), a felony of the first degree. Plaintiff-appellee is the State of Ohio.
{¶2} On the night of March 5, 2005, nineteen year old Ryan Hughett lived with his mother at 197 Hampton Road in Lexington Ohio. Hughett was addicted to crack cocaine, and on that night he contacted Alyssa Shoemaker to buy drugs. Shoemaker went to Hughett's house and sold him an amount of crack cocaine for approximately $40.00 or $50.00. After she left, Hughett looked at the amount of drugs that he received and realized that Shoemaker had cheated him.
{¶3} He then called Shoemaker to make a second drug purchase. Shoemaker once again drove to Hughett's home and picked him up. They drove several streets over from Hughett's house before making the deal. When Shoemaker showed him the drugs, Hughett grabbed them out of her had without paying for them, and fled through the neighborhood. Shoemaker drove to his house and pounded on the door for several minutes; however, Hughett would not answer.
{¶4} Grant Weixel testified that he was home from college on spring break. On March 5, 2005 he met up with Jason Reed and Chad Wyrick, two friends from high school. The three eventually went to a bar called Nellie's Hideaway, where they met the appellant and Alyssa Shoemaker.
{¶5} After having a few drinks and snorting some cocaine, the five individuals decided to go to the home of Nino Sorrenti. At Sorrenti's house, Weixel testified that he, the appellant, Jesse Reed and Alyssa Shoemaker continued to drink and use cocaine. Reed, Shoemaker, and the appellant were complaining that a kid owed them money, and they wanted to collect it. The conversation progressed to the point were the three were adamant about getting the money that night. He indicated that the appellant was participating in the conversation concerning beating up the person who had stolen the drugs. Weixel testified that he could tell the appellant was angry about the situation and was upset that he was owed money. Reed, Shoemaker, and the appellant eventually decided to go to the individual's home in Lexington to collect the money. Weixel testified that he and Chad Wyrick decided to drive them to Lexington. He indicated that they left some time around 3:00 a.m. in Wyrick's Rav4 sport utility vehicle. Weixel testified that Reed gave directions to the person's house, and they parked along the curb. Reed told them to leave the car running because they would be right back. Reed and the appellant then got out of the car and approached the house.
{¶6} Weixel testified that he saw Jesse Reed and the appellant knock on the door before both raised their legs and kicked in the door. At that point, Weixel and Chad Wyrick got out of the car to see what had happened. At that point they saw a person come running out of the house. Wyrick chased him down and tackled him before he recognized him as Levi Drye. Weixel stated that he, Wyrick, and Drye were walking back toward the house when Shoemaker began yelling from the car. He then saw and Reed and the appellant run out of the house.
{¶7} Weixel testified that Alyssa Shoemaker got into the driver's seat of the car, and was yelling that they needed to leave. Everyone got into the car, which had been running without headlights. Weixel indicated that Shoemaker drove away erratically. The occupants of the vehicle were concerned with her driving, and eventually she pulled over and let Chad Wyrick drive. They then went back to Nino Sorrenti's house.
{¶8} On the way, there was some discussion and bragging about what had occurred. Weixel testified that Jesse Reed showed him his hand, which was swollen and had blood on it. Reed indicated that he hit the person while inside the house. The appellant told the group that he had kicked the victim twice, once when he was on the ground and a second time when he tried to get away. Weixel stated that the appellant never indicated that he tried to help the victim, or tried to prevent Jesse Reed from attacking him. According to Weixel, the appellant also did not express surprise at what happened to the victim.
{¶9} Chad Wyrick's testimony regarding the events surrounding the aggravated burglary is nearly identical to that of Grant Weixel. He indicated that he was with Weixel and Jesse Reed at Nellie's Hideaway, when they ran into Alyssa Shoemaker and the appellant. Wyrick testified that after leaving the bar, the five of them went to Nino Sorrenti's house. At Sorrenti's house, they continued drinking and using cocaine.
{¶10} Wyrick testified that Jesse Reed was on the phone for a period of time. After Reed got off the phone, Wyrick heard Reed, Shoemaker, and the appellant having a discussion about some kid who owed them money. Wyrick testified that when he was preparing to leave, Reed asked if he would drive them over to the kid's house to pick up some money. He, the appellant, Grant Weixel, Alyssa Shoemaker and Jesse Reed, all got into his Rav4 and he drove to the kid's house. Wyrick testified that he pulled onto the street, and they told him were to park. Reed and the appellant got out of the car and proceeded to walk up to the door. Wyrick indicated that he saw Jesse Reed knock; then he heard a loud bang and the door was open. He then saw Reed and the appellant enter the house.
{¶11} Shortly after Jesse Reed and the appellant entered the house, they saw someone run out of the house. Wyrick testified that he and Grant Weixel got out of the car, and he yelled at the person to stop. When the person continued to run, he ran after him and tackled him. After he tackled the person, he recognized him as Levi Drye, and asked him what was going on. Wyrick indicated that after a minute or two, he, Weixel and Drye, walked back toward the house. At that point, Jesse Reed and the appellant ran out of the house.
{¶12} Wyrick testified that Alyssa Shoemaker was in the driver's seat of his car. Once everyone was in the car, Shoemaker was in a panic, asking what happened. Wyrick indicated that she was driving frantically when they left the scene, and he was concerned because he did not give her permission to drive his car. Wyrick stated that Shoemaker had the keys because he had left them in the ignition.
{¶13} During the car ride back to Nino Sorrenti's house, Wyrick testified that there was some discussion about what happened. He stated that both Jesse Reed and the appellant indicated that they beat the kid up. Wyrick indicated that the appellant complained of his jaw hurting and said that the kid might have hit him. He testified that neither Reed, nor the appellant indicated that they did not intend to hit the kid. Wyrick also testified that there was no discussion that the appellant was trying to protect the victim from Reed.
{¶14} At Nino Sorrenti's house, the five continued to discuss the events of that night. Wyrick indicated that when Sorrenti and Matthew Pursley asked what happened, the appellant made statements regarding his participation in the beating of Ryan Hughett. Jesse Reed also made similar statements about his involvement in response to their questions.
{¶15} Alyssa Shoemaker testified that after leaving Hughett's house, she met several of her friends and they eventually went to Nellie's Hideaway. She indicated at the bar, she was drinking and doing cocaine. At some point, she ran into the appellant.
{¶16} Shoemaker testified that she told the appellant that Ryan Hughett ripped her off in a drug deal. The appellant then called Jesse Reed and told him about what Shoemaker said had happened. Shoemaker indicated that the appellant told her he was calling Reed because Hughett had previously ripped Reed off in a drug deal.
{¶17} After the bar closed, Shoemaker testified that she and the appellant rode with Chad Wyrick and Grant Weixel over to Nino Sorrenti's house. At Sorrenti's house, she told Jesse Reed that Ryan Hughett had stolen cocaine from her. This conversation centered on going to Hughett's house and beating him up.
{¶18} Shoemaker testified that after doing cocaine and talking about beating Hughett up, she, Chad Wyrick, Jesse Reed, Grant Weixel, and the appellant got into the car and drove to Hughett's house. She indicated Wyrick was driving and that either she or Reed gave him directions to Hughett's house. Shoemaker testified that while they were in the car, Reed stated that if Hughett did not come to the door, he would "go in and whip his ass."
{¶19} Once they reached Hughett's house, they parked the car on the street and left the keys in the ignition. Shoemaker testified that she stayed in the vehicle because she knew whatever was going to happen "wasn't going to be very good." She indicated that the four guys went to the front door; then she saw the door swing open and Levi Drye ran out. Shoemaker testified that she saw Chad, Wyrick and Grant Weixel chase Drye into the front yard; however, she did not see Jesse Reed and the appellant at that point.
{¶20} Shoemaker testified that she jumped into the front seat of the car after she saw Wyrick tackle Levi Drye because she knew something bad was going on. Shortly thereafter,...
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