State v. Ellis
2017 Ohio 1458
Ohio Ct. App.2017Background
- Defendant Kia L. Ellis was indicted for crimes arising from the August 2005 beating death of Johnnie Luckett; charges included aggravated burglary, aggravated robbery, kidnapping, two counts of aggravated murder, two counts of murder, and tampering with evidence.
- Police found Luckett’s decomposed body bound to a tipped-over chair, with extensive blood spatter and severe head and facial trauma; his car was later located and described as "very clean."
- Ellis was interviewed by police in 2015; on the recording she initially denied involvement then stated, "I did it," and described tying Luckett to a chair, beating him with a baseball bat, stabbing his throat, taking money/drugs, and washing/discarding weapons and the car.
- At trial Ellis testified she met Luckett for paid sexual services, became high, tied him at his direction to calm him, stabbed him when he threatened/abused her, hit him with a bat to prevent rape, and took items she believed were owed to her.
- The trial court (bench trial) convicted Ellis of one count aggravated murder, two counts of murder, one count aggravated robbery, and tampering with evidence; other counts were dismissed or merged. Sentence: aggregate 20 years to life.
- On appeal Ellis argued insufficiency of the evidence and that convictions were against the manifest weight of the evidence; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Ellis) | Held |
|---|---|---|---|
| Sufficiency of proof of purpose (intent to kill) for murder/aggravated murder | Evidence (Ellis’ statements, coroner’s findings, blood spatter, continued blows after victim fell) shows purposeful killing | Ellis lacked intent to kill; she acted to stop an assault/rape and only intended to injure and escape | Held: Sufficient evidence of purpose; convictions supported |
| Whether death occurred during commission of a theft offense (aggravated robbery/ felony murder) | Ellis admitted taking money/drugs and the car after the killing; taking occurred while committing theft — supports aggravated murder/felony murder | Ellis contends she only took items she believed were hers and had no intent to rob | Held: Sufficient evidence that theft occurred in connection with the killing; aggravated robbery and felony murder sustained |
| Tampering with evidence (knowledge of investigation and intent to conceal) | Ellis admitted cleaning fingerprints, cleaning/dumping weapons and the car, and expecting police would eventually identify her | Ellis argues her conduct was not undertaken with requisite knowledge or criminal intent to impair evidence | Held: Sufficient evidence she knowingly altered/removed evidence to impair investigation; conviction sustained |
| Manifest weight of the evidence (credibility of Ellis vs. State) | Trier of fact may disbelieve self-serving portions of Ellis’ testimony in light of physical evidence and admissions | Ellis asserts trial court lost its way by discrediting her testimony about fear, prior rape, and lack of intent to kill | Held: Not against manifest weight; trial court reasonably credited State and discredited self-serving testimony |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (sufficiency and manifest-weight standards)
- State v. Tenace, 109 Ohio St.3d 255 (2006) (standard for sufficiency review)
- State v. Garner, 74 Ohio St.3d 49 (1995) (intent inferred from circumstances)
- State v. Robinson, 161 Ohio St. 213 (1954) (factors for deducing intent to kill)
- State v. Eley, 77 Ohio St.3d 174 (1996) (intent may be deduced from surrounding circumstances)
- State v. Scudder, 71 Ohio St.3d 263 (1994) (nature/number of wounds can show purpose to kill)
- Tibbs v. Florida, 457 U.S. 31 (1982) (appellate court as "thirteenth juror" on weight review)
- State v. DeHass, 10 Ohio St.2d 230 (1967) (credibility determinations are for the trier of fact)