State v. Pawlak
2016 Ohio 5926
Ohio Ct. App.2016Background
- On Oct. 23, 2014, Brandon Pawlak and codefendant Matthew Sowden were observed conducting suspicious activity at Sweetbriar Golf Club; a stolen blue pickup and other vehicles were present. Pawlak jumped into the white pickup and fled; Sowden fled in a van.
- Police pursuit spanned Avon Lake to Westlake; the pickup ran over stop sticks and crashed into Dover Gardens Tavern, injuring 13 patrons (4 critically). Pawlak was apprehended exiting the truck; witnesses saw only one occupant exit the vehicle.
- A 32‑count indictment charged Pawlak with aggravated robbery (multiple counts), aggravated vehicular assault (multiple counts), failure to comply with a police order, breaking and entering, and grand theft; he pled not guilty and was found guilty on 30 counts (2 acquittals).
- Pawlak moved for Crim.R. 29 acquittal at close of the state’s case and after all evidence; both were denied. He was evaluated and found competent to stand trial.
- At sentencing the court imposed an aggregate prison term of 35 years, 6 months, including consecutive terms for multiple aggravated vehicular assault counts and a consecutive term for failure to comply; Pawlak appealed asserting insufficiency/manifest weight, ineffective assistance, and improper consecutive sentencing.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Pawlak) | Held |
|---|---|---|---|
| Sufficiency of evidence that Pawlak drove the truck into the bar | Eyewitnesses and jail-call evidence placed Pawlak as sole occupant and driver; officers never lost sight of the truck. | Pawlak argued he was a passenger and another person drove; no witness affirmatively saw him driving. | Guilty verdicts supported by sufficient evidence; conviction affirmed. |
| Manifest weight of the evidence / identity of driver | Jury could credit multiple eyewitnesses who saw only Pawlak exit the truck and testimony placing him in driver’s seat at Sweetbriar. | Defense argued conflicting testimony and possibility a third person or a man in a red hoodie was the driver. | Not an exceptional case warranting reversal; jury credibility determinations upheld. |
| Ineffective assistance for failing to move to suppress post‑arrest interview | State relied on other strong evidence; interview was voluntary and Mirandized and did not contain an unambiguous confession. | Counsel erred by not moving to suppress Detective Reikowski’s statements, which Pawlak calls tantamount to a confession. | No prejudice shown under Strickland; claim fails. |
| Legality of consecutive sentences | Trial court made required R.C. 2929.14(C)(4) findings at sentencing, considered R.C. 2929.11/2929.12 factors, and incorporated findings into journal entry. | Pawlak argued findings were talismanic, disproportionate, and sentence effectively a de facto life term; raised R.C. 2953.08(A)(1) challenge. | Record supports consecutive findings; sentences within statutory ranges and not contrary to law; consecutive sentence affirmed. |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (standard for sufficiency and manifest-weight review)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two‑prong ineffective assistance test)
- State v. DeHass, 10 Ohio St.2d 230 (Ohio 1967) (deference to factfinder on witness credibility)
- State v. Wilson, 113 Ohio St.3d 382 (Ohio 2007) (trial court credibility determinations and weighing testimony)
- Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (Ohio 1984) (trial court best positioned to observe witness demeanor)
- State v. Bonnell, 140 Ohio St.3d 209 (Ohio 2014) (requirements for consecutive-sentence findings and incorporation into journal entry)