State v. Vogt
| Decision Date | 29 October 2018 |
| Docket Number | Case No. 17CA17 |
| Citation | 2018 Ohio 4457 |
| Parties | STATE OF OHIO, Plaintiff-Appellee, v. RYAN VOGT, Defendant-Appellant. |
| Court | Ohio Court of Appeals |
DECISION AND JUDGMENT ENTRY
APPEARANCES:
Angela Wilson Miller, Jupiter, Florida, for Appellant.
Kevin Rings, Washington County Prosecuting Attorney, and Nicole Tipton Coil, Washington County Assistant Prosecuting Attorney, Marietta, Ohio, for Appellee.
{¶1} Ryan Vogt appeals the judgment of the Washington County Common Pleas Court convicting him of two counts: involuntary manslaughter and trafficking in drugs.
{¶2} Upon review of the record, we find no merit to Appellant's arguments herein. Accordingly, we overrule all assignments of error and affirm the judgment of the trial court.
{¶3} On May 31, 2016, Appellant was indicted by a Washington County Grand Jury on two counts: (1) involuntary manslaughter, R.C. 2903.04(A)&(C); and (2) trafficking in drugs, R.C. 2925.03(A)(1)&(C)(6)(a). The indictment occurred subsequent to the overdose death of Tyler Miller which occurred on January 16, 2016. Tyler Miller was a young man who had just returned to Washington County after being drug free while in rehabilitation for his heroin addiction. The indictment alleges that shortly upon Tyler Miller's return to his hometown, Appellant sold him heroin.
{¶4} Appellant proceeded to a jury trial which commenced on December 5, 2016. On the second day of trial, a discussion was held in chambers regarding: (1) text messages which had not been provided to defense counsel as part of pretrial discovery and which, the defense argued, violated Crim.R. 16; and (2) the existence of a conflict of interest which had arisen on the part of defense counsel as a result of the violation. After discussion amongst the attorneys and the trial court, the trial court declared a mistrial and rescheduled the trial for a date in January 2017.
{¶5} On January 12, 2017, Appellant filed a motion to dismiss both counts of the indictment filed against him on the ground that his state and federal constitutional rights against Double Jeopardy had been violated. Appellant argued that the State had willfully flouted its responsibilities to disclose evidence under the Ohio criminal rules. After the State filed a responsive brief, the trial court denied Appellant's motion to dismiss.
{¶6} Appellant again proceeded to trial on March 27, 2017. At trial, the State's first witness was Tyler's father. John Miller testified he discovered Tyler had a drug problem in March 2015. Tyler, who worked in his family's plumbing and electric business, was exhibiting erratic behavior. After the drug problem was confronted, Tyler presented to L&P services for outpatient treatment and attended NA meetings. He did not want to go to inpatient rehabilitation.
{¶7} In the fall of 2015, Tyler overdosed. He was successfully revived with Narcan and continued his outpatient drug counseling through the fall of 2015. In early December 2015, Tyler acknowledged that he needed inpatient rehab. Tyler went into Camden Clark for 5-6 days and then went into Parkside drug and alcohol rehabilitation in Columbus for over a month.1
{¶8} John Miller specifically testified Tyler's cell phone and wallet were in the Millers' possession while he was at inpatient rehabilitation in Columbus. Tyler also parked his truck at his parents' house. While Tyler was in rehab, his mother, Jill Miller, searched his wallet several times and found no illegal drugs inside it.
{¶9} Tyler was discharged from Parkside on January 15, 2016, and his parents and his girlfriend, Josie Schau, drove to Columbus to bring him home. The group stopped in Zanesville to eat and arrived at the Millers' home around 7:00 p.m. On the way home, Tyler was in good spirits, talking about the future and even singing along with the radio. Tyler indicated he wanted to become an addiction counselor so he could help others. John Miller saw no indication his son was using any drug.
{¶10} Upon return to the Millers' home, Tyler retrieved his wallet and cell phone. His truck battery seemed to be dead, so Josie drove Tyler to his residence in Beverly where he lived with his sister, Samantha Miller. John Miller last saw his son alive between 7:00 and 8:00 p.m. on January 15, 2016.
{¶11} The next morning, January 16, 2016, John Miller texted Tyler to see if he wanted to go hunting. Tyler did not reply. John Miller proceeded to go hunting alone, and he returned home between 3:00 and 3:30 p.m. Since neither parent had heard from Tyler, John Miller went to Samantha's house and knocked on the door. When no one answered, Mr. Miller opened the door and called out again. John Miller soon found Tyler lying motionless with his wallet lying beside him and immediately called 911, but emergency personnel were never able to revive Tyler.
{¶12} After emergency personnel and law enforcement left the scene, Jill Miller and Samantha were looking through Tyler's wallet and found something which looked like a small rock, wrapped in a piece of paper. They immediately contacted law enforcement. John Miller concluded his direct testimony acknowledging that Tyler had available funds, his regular paycheck and a Christmas bonus, in his bank account when he returned from rehabilitation.
{¶13} Josie Schau next testified that she and Tyler had been in a relationship for 3 years at the time of his death. Josie discovered that Tyler was using heroin only after he overdosed in the summer of 2015. Tyler had never used heroin in her presence.
{¶14} Although Tyler did not have his cell phone with him at Parkside, he called Josie regularly. While in rehab, Tyler's mood changed and he seemed happy again.
{¶15} Josie's testimony correlated with John Miller's. When Josie accompanied the Millers to bring Tyler home, she also noticed he was in a good mood and making plans for the future. Josie testified after driving Tyler home, she stayed and visited Tyler and Samantha while Tyler cleaned the receipts out of his wallet and played with his dog. When Samantha went to bed, Tyler and Josie watched a movie together. During the entire time Josie was with Tyler on January 15th, she never observed him using drugs.
{¶16} Josie left at 11:00 p.m. on January 15, 2016. At that time, Tyler was still happy and thankful, reiterating that it had been a good decision to go into rehab. When Josie reached her home, she texted Tyler to let him know she had arrived safely. He texted her a brief reply and then texted her later at 2:13 a.m. on January 16th. Josie did not receive Tyler's last text until morning. When she replied, he did not respond.
{¶17} Samantha Miller also testified to spending time with Tyler and Josie on the evening of January 15th and to noticing his positive and upbeat demeanor. Samantha went to bed between 9:00 and 10:00 p.m. When she awoke on January 16th, Tyler's door was shut. Samantha testified she could hear his television and could hear him snoring. Samantha left for work around 7:00 a.m. She received a call from her father later that afternoon that Tyler had overdosed.
{¶18} When Samantha returned home, emergency medical personnel and law enforcement were there. After they left, Samantha began cleaning and searching for drugs. Samantha testified that she did not find any drugs in the home. She also testified that she did not see any indication that Tyler had used drugs when she was with him the previous evening.
{¶19} On cross-examination, Samantha testified she did not know when Josie left, when Tyler went to sleep, or if he left during the night. Samantha helped her mother search Tyler's wallet after law enforcement left. Within 30 minutes, the women found the substance which looked like a small rock, wrapped in paper in Tyler's wallet.
{¶20} The State's next witness, Patrolman Aaron Perine of the Beverly Police Department, testified he was dispatched to Tyler's address on January 16, 2016. There, John Miller advised Perine that his son was dead in the bedroom. Perine found Tyler lying on his back in black shorts. Tyler was cold, unresponsive, and a brown substance was draining from his nose. Perine called for a squad and later, the coroner.
{¶21} Patrolman Perine identified and authenticated State's Exhibits A, B, and C, photographs of Tyler. Exhibit A showed Tyler lying on his back. His wallet was on the right side, a notepad was underneath him, and a half eaten bowl of ice cream was on his left side. He further testified upon discovery, John Miller actually moved Tyler from his right side to his back. Exhibit C showed a partial tin foil...
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