2024 Ohio 2709
Ohio Ct. App.2024Background
- Ashley Harris was convicted in the fatal shooting of Shaterrica Davis at the North Randall Apartments on September 27, 2022.
- The incident arose from a dispute involving Embry (Davis's girlfriend), Williams (Embry's best friend), Harris (Embry's ex-girlfriend), and Harris's godson, Khamante, after an intoxicated Embry sought help leaving Davis’s apartment complex.
- Multiple parties were present during the shooting, but accounts about who fired the shots conflicted; Harris denied being the shooter, while others suggested she possessed the gun.
- Harris was indicted on multiple counts, including murder and felonious assault, with firearm specifications; the jury found her not guilty of aggravated murder but guilty on other counts.
- Harris appealed her convictions, arguing insufficient evidence, that the verdict was against the manifest weight of the evidence, and that the trial court erred by not instructing the jury on voluntary manslaughter.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the Evidence | Evidence showed Harris purposely shot Davis | Independent witnesses implicated someone else (Khamante) | Evidence sufficient; codefendants’ testimony + contradictory accounts supported conviction |
| Manifest Weight of the Evidence | Jury could reasonably believe Harris was shooter | Conflicting independent testimony favored acquittal | Verdict not against manifest weight; jury was entitled to resolve credibility conflicts |
| Failure to Instruct on Voluntary Manslaughter | Not warranted; insufficient provocation | Evidence of provocation merited manslaughter instruction | No abuse of discretion in denying instruction; record did not support sufficient provocation |
Key Cases Cited
- State v. Ramos, 2016-Ohio-7685 (merger of offenses; court reviews only elected count for sufficiency)
- State v. Thompkins, 78 Ohio St.3d 380 (standards for sufficiency and manifest weight of evidence)
- State v. Jenks, 61 Ohio St.3d 259 (sufficiency of evidence standard)
- State v. Shane, 63 Ohio St.3d 630 (when voluntary manslaughter instruction is required)
- State v. Powell, 49 Ohio St.3d 255 (harmless error in merged convictions)