State v. Scott
2017 Ohio 9316
| Ohio Ct. App. | 2017Background
- On Sept. 30, 2013 Dominque Gentry was shot and killed while driving; surveillance showed three vehicles (Ford Escape, Pontiac G6, maroon Cadillac) in front of Gentry’s SUV leaving a gas station minutes before the shooting. A red beam and gunshots were observed.
- Police tied the Pontiac G6 and Cadillac to Tony L. Scott through surveillance, vehicle registrations, a purchase chain (Shoup → Bernardino → Scott), and items (cap and orange tee) found in Scott’s apartment matching surveillance footage.
- The Pontiac was found concealed under a tarp with its rear window missing and interior sprayed with a protectant that prevented fingerprint/DNA processing; debris from the broken Pontiac taillight matched debris at the crash scene.
- Scott made jail calls referencing a “title,” a “Bible” (in which the Cadillac title was later found), and instructions to retrieve or check on a car, suggesting knowledge of and attempts to hide vehicle-related evidence.
- Scott was indicted for two counts of tampering with evidence (R.C. 2921.12(A)(1)) as to the Pontiac and the Cadillac, convicted by a jury, and sentenced to consecutive 24-month terms (aggregate 48 months) to run consecutive to a federal sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency / Manifest weight of evidence (tampering) | State: Circumstantial evidence (surveillance, vehicle links, protectant, concealment, jail calls) supports a finding Scott knew an investigation was likely and acted to alter/conceal/remove evidence. | Scott: State failed to prove knowledge an investigation was likely and failed to prove overt acts to impair evidence; verdict against weight of evidence. | Affirmed: Evidence sufficient and not against manifest weight — jury could infer knowledge and deceptive acts from totality of circumstances. |
| Admissibility of murder-related testimony/photograph (Evid. R. 401/403) | State: Banks’ testimony and photo showing displaced Pontiac window/scene are relevant to prove underlying offense and link to the vehicles/evidence. | Scott: Testimony/photograph were irrelevant and unduly prejudicial/inflammatory on tampering charges. | Affirmed: Trial court did not abuse discretion; probative value of murder-related evidence was not substantially outweighed by prejudice. |
| Sentence excessive | State: mid-range 24-month terms within statutory range and court considered R.C. 2929.11/2929.12. | Scott: 48-month consecutive aggregate is excessive. | Affirmed: Sentences within statutory limits; court considered required factors; record supports findings. |
| Imposition of consecutive sentences | State: consecutive terms necessary given offender history and statutory factors met (post-release control, pattern of offenses). | Scott: Consecutive order unsupported by record and impermissibly punitive for other crimes/refusal to plea. | Affirmed: Trial court made required R.C. 2929.14(C)(4) findings (post-release control, criminal history), supported by record; consecutive sentences appropriate. |
Key Cases Cited
- Jenks v. Ohio, 61 Ohio St.3d 259 (standard for sufficiency review) (defines review as viewing evidence in light most favorable to prosecution)
- Nicely v. Cook, 39 Ohio St.3d 147 (circumstantial evidence may alone support conviction)
- Straley v. State, 139 Ohio St.3d 339 (elements of tampering with evidence: knowledge, altering/concealing/removing, purpose to impair)
- Marcum v. State, 146 Ohio St.3d 516 (standard of appellate review for felony sentences under R.C. 2953.08(G)(2))
- Issa v. State, 93 Ohio St.3d 49 (trial court discretion in admission of evidence; appellate deference)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (abuse-of-discretion standard explained)
- State v. Martin, 20 Ohio App.3d 172 (standard for granting new trial for weight of evidence)