State v. Roberts
2021 Ohio 3073
Ohio Ct. App.2021Background
- Michael Roberts accompanied his girlfriend Laura Gillespie and mother Donna Black to the victim's home after Gillespie lured the victim with texts claiming Roberts was jailed and needed bond money; Black had a protection order against the victim.
- Roberts struck the victim multiple times in the head with a revolver that was spray‑painted reddish while demanding money; Gillespie threatened to shoot the victim and at one point pointed the gun at his head.
- Gillespie later emptied bullets from the gun into her purse and reported the gun stolen after indictment (a report later found false); Roberts and Gillespie were indicted for aggravated robbery, felonious assault, and firearm specifications; Black pled guilty and testified against Roberts.
- The victim suffered serious facial and head injuries (fractured orbital floor, displaced nasal fracture, left maxilla fracture, tooth loss, and lasting numbness/vision/tinnitus issues).
- At trial the jury convicted Roberts on all counts and imposed accompanying firearm specifications; Roberts appealed arguing insufficiency and that the verdicts were against the manifest weight of the evidence, and that the state failed to prove the firearm was operable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency / manifest weight of evidence for aggravated robbery and felonious assault | State: Victim and Black testimony, injuries, and surrounding facts sufficiently prove Roberts committed the crimes | Roberts: No physical evidence placing him in the house; witnesses lacked credibility; Black was the attacker | Court: Affirmed — jury entitled to credit victim and Black; convictions supported and not against manifest weight |
| Operability of firearm for specification | State: Circumstantial evidence (threats to shoot, pointing gun, bullets shown/removed, statements) proves firearm was operable | Roberts: No direct proof the firearm could expel a projectile at the time | Court: Affirmed — operability can be proven circumstantially; threats and use during assault supported specification |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (distinguishes legal sufficiency review from manifest‑weight review)
- State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (sufficiency standard: view evidence in light most favorable to the prosecution)
- State v. Conway, 109 Ohio St.3d 412 (Ohio 2006) (trial court/jury is the proper finder of witness credibility)