State v. Gilcrease

Citations

• 2020 Ohio 487

Syllabus

Motion for mistrial Fifth Amendment right to remain silent abuse of discretion bench trial fair trial sufficiency of the evidence circumstantial evidence discharging a firearm into a habitation R.C. 2923.161(A)(1) discharging a firearm upon or over a public roadway R.C. 2923.162(A)(3) manifest weight of the evidence self-defense force consecutive sentences R.C. 2929.14(C)(4) supported by the record R.C. 2953.08(G)(2). The trial court did not abuse its discretion in denying the defendant's motion for a mistrial in this bench trial where the witness's allegedly improper reference to the defendant's assertion of his Fifth Amendment right to remain silent did not affect the trial court's decision-making and the defendant had not demonstrated the witness's statement deprived him of a fair trial. The state presented sufficient evidence from which a reasonable factfinder could infer that the defendant was the shooter at the victims' residences where the evidence showed that the defendant was in possession of a .40 caliber firearm at two of the four crime scenes, all of the .40 caliber casings recovered from each of the four crime scenes were fired from the same .40 caliber firearm, and two of the crime scenes involved the same victim. The defendant's convictions for discharging a firearm into a habitation and discharging a firearm upon or over a public roadway in the May 14 incident are not against the manifest weight of the evidence. The defendant's conviction for discharging a firearm upon or over a public roadway in the June 26 incident is not against the manifest weight of the evidence. The factfinder could reasonably believe that the defendant was justified in firing his weapon against an initial attack but he did not act in self-defense where he continued to shoot at the attacker after the initial threat was gone. Defendant's consecutive sentence was supported by the record. However, because there is no evidence in the record that the trial court imposed a sentence i