State v. Gerth, 2013 Ohio 1751

Gerth fled police in a stolen red Toyota Rav4; high-speed chase reached 50–60 mph in 25–35 mph zones.
Rav4 crashed into a taxicab, killing its driver Mohamed Sidi and passenger Tonya Hairston; Hairston died enroute to hospital.
Gerth’s passenger Donald Evans was injured; Gerth also sustained facial injuries.
Two days before, the Rav4 had been reported stolen by its owner, Ms. Hoffman; Gerth initially claimed the passenger did not know it was stolen.
Evidence included cruiser-cam and surveillance videos showing the chase, driver’s refusal to stop, and the crash; toxicology showed substances in Gerth’s system.
Jury convicted Gerth of felony murder (underlying felonious assault) and receiving stolen property; trial court sentenced to 48.5 years to life.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for felony murder	State contends Gerth acted knowingly	Gerth argues intoxication negates knowledge	Evidence supports knowingly conduct (sufficient)
Sufficiency of evidence for receiving stolen property	State proves vehicle was stolen and Gerth knew or had reasonable cause to believe	Gerth asserts lack of knowledge of theft	Evidence supports knowledge or belief of stolen status

State v. Huff, 145 Ohio App.3d 555 (1st Dist.2001) (knowledge state may be inferred from surrounding facts)
State v. Israel, 2012-Ohio-4876 (12th Dist.) (felony murder knowledge shown by high-speed, dangerous driving)
State v. Arthur, 42 Ohio St.2d 67, 325 N.E.2d 888 (1975) (circumstantial evidence supports knowledge of stolen property)
State v. Davis, 49 Ohio App.3d 109, 550 N.E.2d 966 (8th Dist.1988) (knowledge of theft inferred from possession circumstances)