State v. Washington
| Decision Date | 29 April 2022 |
| Docket Number | 2020-CA-18 |
| Citation | 2022 Ohio 1426 |
| Parties | STATE OF OHIO Plaintiff-Appellee v. JE-TARRE A. WASHINGTON Defendant-Appellant |
| Court | Ohio Court of Appeals |
Criminal Appeal from Common Pleas Court Trial Court Case No 2019-CR-374
PAUL M. WATKINS, Atty. Reg. No. 0090868, Assistant Prosecuting Attorney, Miami County Prosecutor's Office, Appellate Division, Safety Attorney for Plaintiff-Appellee
KYLE J. LENNEN, Atty. Reg. No. 0085726, Attorney for Defendant-Appellant
{¶ 1} Je-Tarre A. Washington was found guilty after a jury trial in the Miami County Court of Common Pleas of two counts of having weapons while under disability and one count each of aggravated burglary, aggravated robbery, felonious assault, abduction, burglary (with a gun specification) receiving stolen property (with a gun specification), failure to comply with an order or signal of a police officer (with a gun specification), and possession of cocaine. The trial court imposed an aggregate sentence of a minimum of 24 years and a maximum of 28 years in prison, suspended Washington's driver's license for 25 years, and ordered him to pay court costs totaling $11, 520. The court found Washington to be a repeat violent offender, but it did not impose an additional penalty. For the following reasons, the trial court's judgment will be affirmed.
{¶ 2} Washington's convictions stem from a series of incidents on June 24-25, 2019, in Miami County. The State's evidence at trial established the following facts.
In the early afternoon of June 24, David Hecker drove his girlfriend's blue 2002 Jeep Cherokee to the residence of Christopher Reedy near the old Piqua Motel on North County Road 25A in Piqua. Hecker intended to pick up Reedy and drive him to a different location to purchase drugs, but when Hecker arrived, he found Reedy to be incapacitated from drug use already. Washington, who was known as "T," was at Reedy's residence and asked Hecker for a ride to Cashland. Washington offered $10 as gas money. Hecker agreed. Washington and Hecker assisted Reedy to the Jeep and placed him in the back seat. Washington then placed several items in the Jeep and sat in the front passenger seat.
{¶ 3} Shortly after leaving Reedy's residence, at approximately 12:20 p.m., Hecker stopped at the nearby Sunoco gas station to purchase fuel. Hecker alone exited the vehicle. When he went into the Sunoco to pay for the gas, the Jeep drove off without him. At that time, the Jeep had a permanent license plate, and the title and registration, which had been issued to Holly Cantrell (Hecker's girlfriend), were in the glove compartment. Hecker called 911 and reported the Jeep as stolen. Hecker identified Reedy and "T" as suspects to Officer Joshua May, the responding police officer. (In his 911 call, Hecker identified Reedy as the driver, but at trial, he testified that he had been mistaken.) Hecker provided a physical description of "T," which matched Washington.
{¶ 4} Officer May continued the investigation of the stolen Jeep. In the morning of June 25, he received information that the Jeep might be at the apartments by the old Piqua Motel. May responded to the apartments but did not see the Jeep. Officer May returned around noon on a complaint by Reedy of a disturbance; Reedy allegedly was having an argument with a male across the street. May searched the area but did not locate Reedy or the other male. During the day, Cantrell informed Officer May that a family member had identified "T" as Washington.
{¶ 5} At approximately 7:15 a.m. on June 25, David Beard returned to his apartment on Hilltop Circle in Troy after completing his 11 p.m. to 7 a.m. shift at work. When he arrived home, he saw a Jeep Cherokee parked in his usual parking spot outside his apartment. Beard climbed the stairs leading to a deck at the rear of his second-story apartment and noticed that a window screen had been raised. He assumed that his estranged wife, Shannon Yohey, was in his apartment. Beard testified that his relationship with Yohey had deteriorated because she was addicted to heroin, and they had used separate bedrooms prior to her moving out.
{¶ 6} Beard entered the apartment and walked down the hallway toward the two bedrooms. While in the hallway, he was assaulted by Washington, who came out of the bedroom Yohey had used. Although Washington's face was masked from his nose down, Washington was an acquaintance of Yohey, and Beard recognized him from his voice and mannerisms, as well as a decorative script tattoo above his eye. Beard was hit repeatedly on the head. When Beard resisted, another man called Diego, whom Beard did not recognize, punched him in the face. A third person, a woman called "Shorty," was present but did not participate in the assault.
{¶ 7} After Beard ceased resisting, he was taken to the living room and forced to kneel with his face on his couch. He repeatedly was asked, "Where is it?" Beard did not know what they were looking for. Washington told Shorty to bind Beard's ankles and wrists with masking tape, and Beard was hit in the head with a clay pot from his television stand. The group took several items from Beard's person and apartment (a $20 bill, a cell phone, car keys, a television, and other items) and stole Beard's gray Chevy Cobalt from the parking lot.
{¶ 8} Beard contacted the police and was transported by ambulance to the hospital, where he was treated for several lacerations to his head and face and then taken to a plastic surgeon, who repaired an extensive laceration to his ear. While at the hospital, Beard spoke with Detective Chris Baker and Detective Captain Jeff Kunkleman of the Troy Police Department. Beard initially reported that he had been carjacked; then he indicated that the assault had occurred on the steps to his apartment. Upon further questioning, Beard ultimately told the detectives that the assault occurred within his apartment. With Beard's consent, Troy officers searched Beard's apartment, where masking tape, a broken pot, blood, and other evidence was located. Yohey's bedroom showed signs of drug use.
{¶ 9} Between 11:30 a.m. and 2:30 p.m. on June 25, the home of Harry Milby on North Piqua-Lockington Road in Springcreek Township was burglarized. The stolen items included (1) a large, very heavy gun safe containing seven firearms and several rounds of ammunition from the master bathroom closet, (2) Milby's chainsaw, crossbow, and drill from the detached garage, (3) a Ruger 10/22 rifle with a scope from behind the dresser in the master bedroom, (4) the hard drive for Milby's security system from a computer desk in the kitchen/dinette area, and (5) ear protection.
{¶ 10} Milby was at work when the burglary occurred. According to Milby, when he left for work, Andrea Fergerson, who did cleaning and gardening for him and sometimes stayed overnight at his home, was there. Fergerson testified that her boyfriend, Simuel Hummins (aka Neal, 6, or 600) also was there, and they left Milby's residence at around 11:30 a.m.; her mother, Rosalind Fergerson, had picked them up. Fergerson said that she first went to purchase drugs from Washington at a residence near Downing Street in Piqua. Fergerson's mother returned Fergerson to Milby's home around 2:45 p.m. Sometime after 3:00 p.m., Fergerson noticed that items in the house had been disturbed. She contacted Milby, who told her to call the police.
{¶ 11} Miami County Deputy Joseph Martin responded to Milby's home. As part of his investigation, he collected fingerprints from a dolly in Milby's garage, which Milby thought could have been used to move the safe; the dolly had been inside the home when Milby left for work, and tire tracks led from the back door to the detached garage. Analysis by the Miami Valley Regional Crime Lab later determined that one of the fingerprints on the dolly came from Washington's right middle finger. Milby testified that he did not know Washington, but Fergerson testified that the night before the burglary, Washington had come to Milby's driveway to sell her drugs.
{¶ 12} During the afternoon of June 25, Troy Detective Baker and Detective Captain Kunkleman went to Piqua to search for Beard's stolen Chevy Cobalt. As part of their search they looked on North County Road 25A near where the Jeep Cherokee had been stolen the day before. The Troy detectives located Beard's Cobalt in the parking lot of Reedy's apartment complex by the old Piqua Motel. The Cobalt had a temporary tag, but the detectives confirmed that the car was Beard's by its vehicle identification number. The Troy detectives contacted the Piqua police, and Piqua Officers May and Weber responded to the scene. At that time, Officer May learned that Washington was a suspect in the Troy investigation. With the agreement of the Piqua officers, the Troy detectives had the Cobalt towed to their police department for processing.
{¶ 13} While at the old Piqua Motel, the officers noticed a blue Jeep Cherokee matching the description of the stolen Jeep drive by. The driver matched Washington's description, and Detective Captain Kunkleman (Troy PD) and Officer Weber (Piqua PD) recognized the driver as Washington. Officer Weber, who was seated in his cruiser, activated his overhead lights and siren and drove after the Jeep to stop it. The Troy detectives followed in their unmarked vehicle with lights and siren also activated. Officer May, whose cruiser was parked farther away, ran to his cruiser and also pursued. A high-speed chase ensued, which ended when the Jeep, driven by...
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