State v. Bradford
2017 Ohio 8481
| Ohio Ct. App. | 2017Background
- In 2015 a gang feud in Cleveland between the Fleet Avenue and Broadway Avenue crews produced multiple retaliatory shootings; this appeal centers on a July 5, 2015 drive-by shooting at 5010 Finn Avenue.
- Bradley L. Bradford was charged (part of a multi-defendant indictment) with participating in a criminal gang, felonious assault (and related specifications), improper handling of a firearm in a motor vehicle, improperly discharging a firearm into a habitation, discharging a firearm on/near prohibited premises, and having weapons while under disability; bench trial resulted in convictions and a 14-year aggregate prison term.
- Key trial evidence: eyewitness Ashley Palmer identified the vehicle and certain occupants (she thought the driver looked like Bradford); former gang member/witness Fred Booker implicated Bradford through post-shooting conduct and statements; police recovered a .40-caliber handgun from the Bradfords’ family SUV with casings matching .40 casings found at the Finn Avenue scene; an AK-type 7.62 casing also was recovered (no rifle recovered).
- Additional circumstantial proof of active gang membership included Bradford’s constant presence with Fleet members, Instagram posts linking him to Fleet-area activity and members, and gang-unit detective testimony that Bradford affiliated with Fleet Avenue/Click Goons.
- The trial court merged several counts for sentencing and ran firearm specifications consecutively; on appeal the court affirmed the convictions but reversed and remanded limitedly for resentencing on the consecutive firearm specifications issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to convict Bradford of shooting-related offenses and gang participation | State: circumstantial and direct evidence (witness IDs, post-shooting statements, Instagram posts, ballistics linking .40 casings to gun found in family SUV, witness Booker’s account) sufficed to prove guilt beyond a reasonable doubt | Bradford: no direct ID as shooter; key witnesses recanted or were biased; evidence insufficient and convictions against manifest weight | Court: Overruled sufficiency and manifest-weight challenges — circumstantial evidence and corroboration permitted convictions; credibility determinations for trier of fact |
| Whether evidence established active participation in a criminal gang (R.C. 2923.42) | State: constant presence with gang members, retaliatory conduct, social-media posts, admissions to Booker, and detective’s gang-affiliation opinion showed active membership and purposeful promotion of criminal conduct | Bradford: argued only passive/nominal association and lack of direct proof of purposeful promotion | Court: Held evidence supported active membership beyond passive association; convictions affirmed |
| Ballistics/identification tie to defendant | State: .40 casings at scene match handgun recovered from family SUV where Bradford was a passenger earlier; eyewitness testimony linked vehicle to Bradfords’ family; Booker’s account placed Bradford driving/shooting | Bradford: eyewitness uncertainty, recanted kidnapping allegations, witness motives and plea deals undermine reliability | Court: Found corroboration (ballistics, physical proximity, post-shooting behavior) sufficient; credited trier-of-fact’s resolution of conflicts |
| Consecutive firearm specifications sentencing | State: contends court could exercise discretion to run multiple firearm specs consecutively | Bradford: argues trial court erred because statutory scheme generally bars multiple firearm specs for same act and court misstated legal compulsion | Court: Reversed as to consecutive firearm-specifications because trial court said it was "required" to impose consecutive terms under R.C. 2929.14(B)(1)(g) (but that provision did not mandate consecutive terms for Counts 40 and 41); remanded for limited resentencing |
Key Cases Cited
- Leonard v. Ohio, 104 Ohio St.3d 54 (2004) (defining sufficiency standard on review)
- Jenks v. Ohio, 61 Ohio St.3d 259 (1991) (circumstantial evidence has same probative value as direct evidence; standard for sufficiency)
- Thompkins v. Ohio, 78 Ohio St.3d 380 (1997) (manifest-weight standard and role of appellate court as "thirteenth juror")
- Tibbs v. Florida, 457 U.S. 31 (1982) (appellate review of weight of evidence)
- Martin v. Ohio, 20 Ohio App.3d 172 (1983) (framework for manifest-weight reversal as exceptional)
- State v. DeHass, 10 Ohio St.2d 230 (1967) (trial court as primary judge of witness credibility)