2011 Ohio 3100
Ohio Ct. App.2011Background
- Jerome B. Marcum killed John Walsh and Sonia Marcum and attempted to kill Homer Marcum within roughly 45 minutes, in locations spanning Licking and Knox counties.
- Appellant, elderly with serious health issues and no prior criminal record, lived near Sonia and shared a water well with his ex-wife; he believed Sonia cut off his water.
- After killing Walsh, Marcum killed Sonia, then went to Knox County to confront his brother Homer, attempting to shoot him with an AR rifle but not chambering a round.
- Marcum admitted to Detective Brill that his actions were to avoid further aggravation by his family and that he acted against his sister, brother, and Walsh.
- He was charged with two counts of aggravated murder (Walsh and Sonia) and one count of attempted aggravated murder (Homer), each with firearm specifications; venue was in Licking County.
- The trial court found Marcum competent to stand trial and the jury convicted him on all counts; aggregate sentence was 69 years to life.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was venue proper in Licking County for Count 3? | State argued venue supported where some elements occurred; multiple jurisdictions involved. | Marcum contends Count 3 should be tried in Knox County where the act occurred. | Venue proper in Licking County; substantial contacts supported trial here. |
| Was there sufficient and proven prior calculation and design for Walsh? | State asserts clear planning and execution; long enough time and scheme shown. | Marcum argues lack of evidence of prior calculation and design. | Sufficient evidence supported prior calculation and design for Walsh; not against weight. |
| Was the Walsh conviction against the weight of the evidence? | State maintained credibility of witnesses supported the verdict. | Marcum claims the evidence demonstrated no calculative plan. | Conviction not against the weight of the evidence; jury credibility deference applied. |
| Was there sufficient and proven prior calculation and design for Sonia? | State contends planning and execution to kill Sonia shown by conduct and admissions. | Marcum contends lack of a deliberate plan to kill Sonia. | Sufficient evidence supported prior calculation and design for Sonia; not against weight. |
| Was the attempted murder of Homer Marcum proven beyond a reasonable doubt? | State argues substantial step toward killing Homer; attempted act occurred. | Marcum argues lack of complete act since rifle chamber was empty. | Sufficient evidence of attempt; conduct meets substantial step standard; not against weight. |
Key Cases Cited
- State v. Draggo, 65 Ohio St.2d 88 (1981) (venue determined by where offense or element occurred)
- State v. Engle, 2005-Ohio-276 (Ohio Ct. App. 2005) (venue analysis in multi-jurisdiction scenarios)
- State v. Woods, 48 Ohio St.2d 127 (1976) (substantial step for attempt; corroborative of criminal purpose)
- State v. Cotton, 56 Ohio St.2d 8 (1978) (prior calculation and design standard follows explicit guidance)
- State v. Conway, 108 Ohio St.3d 214 (2006) (plan to kill found from conduct; reformulated prior design concept)
- State v. Braden, 98 Ohio St.3d 354 (2003) (course of conduct and multiple killings considerations; venue implications)
- State v. Sapp, 105 Ohio St.3d 104 (2004) (course of conduct and aggregate circumstances for multiple offenses)