State v. Kosto
2018 Ohio 1925
Ohio Ct. App.2018Background
- May 29, 2015: Chad Baker found dead; autopsy showed heroin, cocaine, and marijuana; manner ruled accidental. 911/EMS responded; Narcan administered.
- Texts and testimony showed Thomas Kosto supplied Chad with heroin and a preloaded syringe shortly before death; Kosto admitted deleting texts implicating him.
- Indictment (Oct. 20, 2016): involuntary manslaughter (R.C. 2903.04), corrupting another with drugs (R.C. 2925.02(A)(3)), tampering with evidence, and heroin possession.
- Trial (June 2017): jury convicted Kosto on all counts; trial court merged Counts 1, 2, and 4 and sentenced an aggregate five-year term; appeal followed.
- Key factual dispute at trial: medical testimony indicated death resulted from combined effects of heroin and cocaine; no expert said heroin alone would have caused death.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for involuntary manslaughter (death as proximate result of felony) | State: Kosto furnished heroin which caused death as proximate result of corrupting with drugs | Kosto: Medical evidence shows combined heroin/cocaine effects; heroin alone not proven to be but-for cause | Reversed: insufficient evidence under a Burrage-style but-for causation analysis for manslaughter |
| Sufficiency of evidence for corrupting another with drugs (causing serious physical harm) | State: furnishing heroin led to serious physical harm/death risk to Chad | Kosto: State failed to prove heroin alone caused serious physical harm; expert tied death to combined drugs | Reversed: insufficient evidence — Burrage but-for rationale applied to R.C. 2925.02(A)(3) element here |
| Failure to request Burrage-based jury instruction / plain error | State: no instruction requested at trial; plain error standard applies | Kosto: court should have instructed jury on necessity that heroin be the but-for cause | Moot: court found instructional issue moot after reversing Counts 1 and 2 |
| Alleged Crim.R. 16(K) violation re: expert disclosure | State: complied or issue affects only Counts 1 and 2 | Kosto: trial court allowed Dr. Lee to testify without proper written summary | Moot as to Counts 1 and 2 after reversal; Counts 3 and 4 convictions unaffected |
Key Cases Cited
- Burrage v. United States, 134 S. Ct. 881 (2014) (requires but-for causation where statute penalizes distribution when death or serious injury "results from" drug use)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for reviewing sufficiency of evidence)
- State v. Long, 53 Ohio St.2d 91 (1978) (plain error standard for unpreserved jury-instruction claims)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (standard for manifest-weight challenges)
Outcome: Judgment affirmed in part (Counts 3 and 4 upheld), reversed in part (Counts 1 and 2 vacated) and remanded for resentencing.