State v. Wingfield

• Citation: 2019 Ohio 1644
• Decision Date: 02 May 2019
• Docket Number: No. 107196,107196
• Parties: STATE OF OHIO PLAINTIFF-APPELLEE v. DANIEL WINGFIELD DEFENDANT-APPELLANT
• Court: Ohio Court of Appeals

2019 Ohio 1644

STATE OF OHIO PLAINTIFF-APPELLEE v. DANIEL WINGFIELD DEFENDANT-APPELLANT

No. 107196

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

May 2, 2019

JOURNAL ENTRY AND OPINION

JUDGMENT: AFFIRMED

Criminal Appeal from the Cuyahoga County Court of Common Pleas

Case No. CR-15-601476-D

BEFORE: Sheehan, J., E.T. Gallagher, P.J., and Blackmon, J.

ATTORNEY FOR APPELLANT

Rick L. Ferrara

2077 East Fourth Street, 2nd Floor

Cleveland, OH 44114

ATTORNEYS FOR APPELLEE

Michael C. O'Malley

Cuyahoga County Prosecutor

By: Geoffrey S. Minter

Anna M. Faraglia

Katherine Mullin

Brian Radigan

Assistant County Prosecutors

Justice Center, 9th Floor

1200 Ontario Street

Cleveland, OH 44113

MICHELLE J. SHEEHAN, J.:

{¶1} Defendant-appellant Daniel Wingfield appeals from his conviction for aggravated murder, murder, attempted murder, felonious assault, and having weapons while under disability. For the reasons that follow, we affirm.

I. Procedural History

{¶2} On December 3, 2015, Wingfield was charged along with three codefendants in a multiple-count indictment: Count 1 — aggravated murder (of Dexter Mangham) in violation of R.C. 2903.01(A); Count 2 — murder (Mangham) in violation of R.C. 2903.02(B); Count 3 — felonious assault (Mangham) in violation of R.C. 2903.11(A)(1); Count 4 — felonious assault (Mangham) in violation of R.C. 2903.11(A)(2); Count 5 — attempted murder (of Alfonzo Jones) in violation of R.C. 2923.02/2903.02(A); Count 6 — felonious assault (Jones) in violation of R.C. 2903.11(A)(1); Count 7 — felonious assault (Jones) in violation of R.C. 2903.11(A)(2); Count 8 — attempted murder (of Jami N. Russell) in violation of R.C. 2923.02/2903.02(A); Count 9 — felonious assault (Russell) in violation of R.C. 2903.11(A)(1); Count 10 — felonious assault (Russell) in violation of R.C. 2903.11(A)(2); Count 11 — attempted murder (of Pierre R. Williams) in violation of R.C. 2923.02/2903.02(A); Count 12 — felonious assault (Williams) in violation of R.C. 2903.11(A)(1); Count 13 — felonious assault (Williams) in violation of R.C. 2903.11(A)(2); and Count 15 — having weapons while under disability in violation ofR.C. 2923.13(A)(3).¹ The indictment stems from a shooting that occurred on September 27, 2015, in the area of E. 4th Street and Euclid Avenue, Cleveland, Ohio.

{¶3} Wingfield waived his right to a jury trial, and the bench trial commenced on March 13, 2018. At the close of the state's evidence, Wingfield moved for Crim.R. 29 acquittal, and the state requested the court consider the theory of aiding and abetting. The court denied Wingfield's motion for acquittal and found him guilty on all counts.

{¶4} On April 19, 2018, the court held a sentencing hearing. The court merged Counts 1 through 4, and the state elected the court to sentence on Count 1; Counts 5 through 7, and the state elected the court to sentence on Count 5; Counts 8 through 10, and the state elected the court to sentence on Count 8; and Counts 11 through 13, and the state elected the court to sentence on Count 11. The court then imposed the following sentence: Count 1 — 25 years to life in prison, plus an additional mandatory consecutive 3 years on the firearm specification; Counts 5, 8, and 11 — 5 years in prison on each count, plus an additional 3 years on the firearm specifications, consecutive to serving the 5 years on each sentence; and Count 15 — 18 months in prison. The court ordered all sentences to be served consecutively and made the findings under R.C. 2929.14(C)(4). The total prison sentence imposed was 53 ½ years.

{¶5} Wingfield appealed his conviction and assigned the following errors for our review:

I. The trial court denied Appellant his right to due process under the United States and Ohio Constitutions, Confrontation Clause, and abused its discretion under Ohio law when it allowed a police officer to provide hearsay, identification testimony to prove the truth of the matter asserted.

II. The state presented insufficient evidence of Appellant's guilt of any indicted offense under either state law or measured by federal protections of due process.

III. The manifest weight of the evidence did not support a conviction of Appellant.

II. Trial

{¶6} Cleveland Police Officer Robert O'Brien testified that he was on routine patrol in downtown Cleveland in the early morning hours of September 7, 2015, when he received a call about shots being fired in the area of East Fourth Street and Euclid Avenue. Responding to the scene, Officer O'Brien observed "many people running around" and an unresponsive male lying on the ground at the corner of East Fourth and Euclid. Multiple officers were on the scene. The officer testified that "a lot of people" were exiting the Bank Nightclub on Euclid Avenue. Officer O'Brien also observed a female in the same area of East Fourth and Euclid with a gunshot wound to her left leg. She was later identified as Jami Russell. The officer spoke with this victim, gathered information from her, made a report, and then cordoned off the area in order to preserve the scene.

{¶7} Officer Darian Laska also responded to a call of shots fired near the Bank Nightclub. While on the way to East Fourth and Euclid, Officer Laska received updated information of possible suspects heading down East Fourth Street. The officer testifiedthat he and his partner headed to East Fourth and Prospect Avenue, where he observed people running. He stated that he heard from people shouting that someone had been shot. Officer Laska then observed a male, who had been shot in his left calf, "almost hiding under a pickup truck." This individual was later identified as Pierre Williams. Officer Laska and his partner assisted the victim, gathered some information from the victim while attempting to calm him down, and then proceeded to walk up and down East Fourth Street looking for a weapon. They were unsuccessful in finding one.

{¶8} Detective Stephen McGrath was working the night shift as a patrol officer when he responded to St. Vincent Charity Hospital for a report of a male with a gunshot wound to his right leg. Detective McGrath identified the victim as Alfonzo Jones. The detective testified that the victim was not forthcoming with information, but he eventually revealed that he had been at a downtown bar, and he offered "a very vague description of a suspect."

{¶9} Martize Hollowell was with his childhood friend, Dexter Mangham, at the Bank Nightclub on September 27, 2015. He testified that when he was inside the club, a fight broke out, and he ran outside. He thought Mangham was right behind him. While Hollowell was running down Euclid Avenue, he saw that a male who was running behind him got shot in the leg. Hollowell flagged someone down to assist the male.

{¶10} Hollowell stated that he did not know at this point where Mangham was. Hollowell testified that he heard a lot of shots but did not see who fired the shots because he "didn't look back." Hollowell testified that he kept running until the police foundhim, placed him in a patrol car, and brought him back to the club. When the police informed him that Mangham was shot in the head, he cried.

{¶11} Hollowell was taken to the police station downtown where he gave his statement to a detective. After speaking with the police, Hollowell returned to his mother's house to find police officers there. Hollowell stated that there was "big damage" done to the home, including a window being shot out. He did not know why his mother's house would have been damaged in that way.

{¶12} Detective Raymond Diaz received a text message from dispatch at approximately 2:30 a.m. on September 27, 2015, with a report of a male who was the victim of a gunshot wound.

{¶13} Responding to the scene, the detective began to assist the crime scene unit with collecting evidence. He learned at this time that there were multiple gunshot victims, three of whom were shot in the leg and one male who was shot in the head and had died. Detective Diaz testified that in the course of his investigation, he spoke with each of the surviving victims regarding their injuries.

{¶14} While on the scene, Detective Diaz observed broken glass, blood, articles of clothing, bullet holes, and a window of the Cleveland Sports Commission on Euclid Avenue that had been shot out. The detectives recovered two .380 caliber spent shell casings and three 9 mm spent shell casings from the roadway in front of the Sports Commission.

{¶15} The detectives returned to the scene the next day in order to search for additional evidence in the daylight. At this time, the detectives discovered additional "defects" in the interior of the Sports Commission, along with a deformed pellet, which they removed from a wall inside the office.

{¶16} The detectives also recovered video surveillance from the Sports Commission (State exhibit No. 300). The video, consisting of two camera views (channel 4 and channel 6), captured individuals on the street and events that occurred on Euclid Avenue in front of the Sports Commission.

{¶17} Detective Diaz explained that he had reviewed the Sports Commission videos and, based upon his investigation, including witness interviews, he was able to determine the four individuals that approached and entered a vehicle around the time of the shooting. The detective testified that his investigation allowed him to also identify Hollowell and Mangham in the video. He further testified regarding the video surveillance, describing the events as they unfolded.

{¶18} Detective Diaz's review of the video surveillance revealed a Maserati pulling into a parking space on Euclid Avenue in front of the Sports Commission. Detective Diaz learned through his investigation that the owner of the Maserati is Maurice Preston, whom the detectives interviewed but who had refused to testify in this case. A Camry pulls in behind the Maserati. Four individuals exit the Maserati and four individuals exit the Camry. All eight individuals walk together westbound on Euclid...