State v. Humberto
196 Ohio App. 3d 230
| Ohio Ct. App. | 2011Background
- Defendant Humberto was convicted by jury of two counts of murder, one count of attempted murder, and one count of felonious assault, each with firearm specifications.
- Charges stem from a November 15, 2008 shooting at El Gato Negro in Columbus, Ohio; victims included Ramon Ramos and Angel Devilbiss.
- Witnesses Wilmer Ramos, Wilson Guillen, and bouncer Edward Pyfrom identified Humberto as the shooter; ballistics linked the recovered gun to the incident.
- Initial investigations included a confidential informant, DNA on a hat, and police work tying Humberto (street name Colima) to the case.
- The trial court sentenced Humberto to 25 years to life, with consecutive terms for the gun specifications, after merging related offenses for sentencing.
- Appellant challenges sufficiency/weight of the evidence, admission of gang-related testimony, and pretrial identification procedures.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency and weight of the evidence | Humberto identifies shooter; eyewitnesses credible. | Identity is imprecise; reliance on questionable testimony. | Sufficient evidence and weight support convictions. |
| Admission of gang-related testimony | Gang evidence helps explain context and investigative methods. | MS-13 testimony is prejudicial and improper. | No plain error; testimony properly admitted and not outcome-determinative. |
| Pretrial identifications | Identification procedures were proper; multiple witnesses identified Humberto. | Photo arrays were impermissibly suggestive and unreliable. | Suppression not required; identifications were admissible; no reversible plain error. |
Key Cases Cited
- Thompkins v. State, 557 U.S. 1 (Supreme Court, 1997) (sufficiency/legal standard; weight vs. sufficiency distinction)
- Jenks v. United States, 922 F.2d 1503 (D.C. Cir. 1991) (standard for reviewing sufficiency of evidence)
- Drummond v. Ohio, 111 Ohio St.3d 14 (Ohio 2006) (gang expert testimony not necessarily Daubert-bound)
- Kumho Tire Co. v. Carmichael, 526 U.S. 137 (Supreme Court, 1999) (gatekeeping for expert testimony; applicability to non-scientific experts)
- Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (Supreme Court, 1993) (reliability standard for expert testimony)
- Manson v. Braithwaite, 432 U.S. 98 (Supreme Court, 1977) (reliability of eyewitness identification; totality of circumstances)
- Riggers v. State, 409 U.S. 409 (Supreme Court, 1972) (totality of circumstances for pretrial identifications)
- Sharp v. Ohio, 2009-Ohio-6847 (Ohio Court of Appeals, 2009) (standards for reliability of pretrial identifications)
- United States v. Hankey, 203 F.3d 1160 (9th Cir. 2000) (gang testimony admissibility considerations)