State v. Gillespie
2017 Ohio 6936
| Ohio Ct. App. | 2017Background
- In early February 2016 Bradley Gillespie borrowed Esmeralda Ferguson’s Glock and, while riding in a Jeep with Frank Tracy Jr. (driver) and Hannah Fisher (passenger), both Tracy and Fisher were shot in the head and later died. A spent casing from Ferguson’s gun was recovered from the rear of the Jeep; blood in the driver and passenger seats matched Tracy and Fisher respectively. Ferguson’s gun later tested as the firearm that fired the casing and contained Tracy’s DNA.
- Gillespie made multiple inculpatory statements to third parties and law enforcement: telling Ferguson he “shot [Frank] in the head and threw him in the river,” confessing to a jailmate he shot both victims because he felt disrespected, and admitting to deputies he put a gun to Frank’s head and experienced the “taste of blood.” Recorded statements were played to the jury.
- Autopsies showed single gunshot wounds to the head for each victim (Fisher: temple/forehead; Tracy: back of the head). Fisher’s body was found in her apartment but evidence indicated she was killed elsewhere (substantial vehicle blood, broken Jeep window). Tracy’s body was recovered later in a river.
- Gillespie was indicted on two counts of murder with firearm specifications. After a jury trial he was convicted on both counts and the specifications; the court imposed consecutive sentences producing a minimum aggregate term of 32 years.
- On appeal Gillespie raised six claims: verdict against manifest weight; insufficiency of evidence (Crim.R. 29); failure to give lesser-included/lesser-degree murder instructions (reckless homicide, voluntary manslaughter); failure to give self-defense instruction; trial court’s alleged failure to rule on his requests for new counsel; and ineffective assistance of counsel. The Third District affirmed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Gillespie) | Held |
|---|---|---|---|
| Whether the verdict was against the manifest weight of the evidence | Evidence (inculpatory statements, matching shell casing, gun with victim DNA, seat blood, autopsies) was credible and sufficient for the jury to weigh and convict | Jury lost its way; insufficient physical evidence tying Gillespie to the Jeep, the apartments, or the bodies | Affirmed — appellate court, as thirteenth juror, found weight of evidence supported convictions |
| Whether the evidence was legally sufficient to deny Crim.R. 29 motions | Multiple admissions, matching casing from Ferguson’s gun, victim DNA and blood evidence in vehicle established elements of murder and firearm specs beyond a reasonable doubt | No physical evidence directly placing Gillespie at the scenes in the State’s case-in-chief; defense testimony undermined State’s theory | Affirmed — viewed in light most favorable to prosecution, evidence was legally sufficient |
| Whether trial court erred by refusing lesser-included or lesser-degree murder instructions (reckless homicide; voluntary manslaughter) | Gillespie argued he intended only to scare Frank (reckless) or acted from sudden passion provoked by prior incident (manslaughter) | Defense: sought instructions; contended provocation from earlier incident supported mitigation | Affirmed — facts (point-blank/head shots; admissions; >2 weeks between alleged provocation and killings) did not reasonably support reckless homicide or sudden-passion manslaughter instructions |
| Whether trial court erred by failing to give self-defense instruction and whether counsel was ineffective / substitution should have been granted | Gillespie argued fear from earlier incident justified self-defense; claimed breakdown with counsel and inadequate representation | State: no evidentiary support of imminent danger at time of killings; trial record shows counsel acted reasonably (motions, witnesses) | Affirmed — no basis for self-defense instruction (defendant failed to prove by preponderance and did not request instruction at trial); substitution and ineffective-assistance claims unsupported by record |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (standard for ineffective assistance of counsel)
- State v. Thompkins, 78 Ohio St.3d 380 (weight-of-the-evidence standard/Twelfth juror review)
- State v. Bradley, 42 Ohio St.3d 136 (application of Strickland in Ohio; deference to counsel performance)
- State v. Mack, 82 Ohio St.3d 198 (cooling-off period and provocation for manslaughter)
- State v. Wine, 140 Ohio St.3d 409 (trial court discretion on lesser-included instructions)