2020 Ohio 3708
Ohio Ct. App.2020Background:
- On Nov. 16, 2017 D.A. was shot and later died after leaving the Baho convenience store in Akron.
- Akron PD obtained Baho security footage showing Dexter Moore (wearing shoes with red soles) and co-defendant Jerry Alford repeatedly in the store; video shows Moore and Alford watching D.A., Moore following D.A. from the store, Alford following, and shots occurring ~20 seconds later.
- Alford was earlier charged and ultimately convicted; Moore was later indicted on aggravated robbery (dismissed pretrial), felonious assault counts with firearm specifications, and obstructing justice.
- Moore and Alford were tried together; the jury convicted Moore of complicity to commit felonious assault and obstructing justice, acquitted him of felonious assault by a deadly weapon and the firearm specifications.
- Moore gave a police interview in which he denied observing or following D.A.; the State introduced the video to show those statements were false.
- Trial court sentenced Moore to five years (felonious assault) and three years (obstructing justice), served concurrently, with the five-year term consecutive to an earlier one-year term; Moore appealed raising sufficiency/Crim.R.29 and manifest-weight challenges.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1) Whether the trial court erred in denying Moore's Crim.R. 29 motion (sufficiency of the evidence) | State: video + conduct + Moore's false interview statements suffice to show he aided/abetted Alford and obstructed the investigation | Moore: he was merely present at Baho, had no knowledge of Alford's intent, and did not knowingly aid or hinder the investigation | Denied. Viewing evidence in light most favorable to prosecution, a rational juror could find Moore guilty of complicity and obstructing justice; Crim.R. 29 properly denied. |
| 2) Whether convictions are against the manifest weight of the evidence | State: whole record, video, and credibility determinations support the verdicts | Moore: evidence weighs against conviction; he cooperated and told the truth | Denied. The court found jurors did not lose their way; this is not an exceptional case warranting reversal. |
Key Cases Cited
- State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for sufficiency review: view evidence in light most favorable to the prosecution)
- State v. Johnson, 93 Ohio St.3d 240 (2001) (complicity by aiding and abetting requires proof defendant supported, assisted, encouraged, cooperated with, advised, or incited the principal and shared criminal intent)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (distinguishes sufficiency from manifest-weight review)
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012) (standard for manifest-weight review and appellate role)
- State v. Otten, 33 Ohio App.3d 339 (9th Dist. 1986) (articulates test for manifest-weight reversal)
- Tibbs v. Florida, 457 U.S. 31 (1982) (appellate court acting as a "thirteenth juror" when weighing witness credibility)