State v. Starkey
2017 Ohio 7946
| Ohio Ct. App. | 2017Background
- Victim K.C. alleged that on Aug. 7–8, 2013, Starkey assaulted, threatened with a knife, and raped her twice (once in Wooster, once in Geneva-on-the-Lake), and forced her to travel with him to avoid witnesses.
- K.C. testified to choking, blows to the face, whipping with a carved bow, sexual assaults (anal and oral) at knifepoint, and threats to kill her; photos of injuries were admitted.
- K.C. delayed reporting until Aug. 2015 after learning Starkey was jailed for murder; she and others testified to post‑assault personality changes and fear.
- Starkey denied the assaults, offered alternate explanations (K.C. self‑harm; he did not accompany her to Geneva), and presented an alibi witness.
- Grand jury indicted Starkey on nine counts (kidnapping, rape, felonious assault, intimidation, domestic violence); jury convicted on all counts; trial court imposed consecutive sentences totaling 35 years.
- On appeal, Starkey challenged (1) sufficiency of evidence, (2) manifest weight of the evidence, and (3) the trial court’s findings supporting consecutive sentences under R.C. 2929.14(C)(4).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to support convictions (kidnapping, rape, felonious assault, intimidation) | State: K.C.’s testimony and corroborating evidence (photos, Facebook message) prove elements beyond a reasonable doubt | Starkey: K.C.’s delay in reporting, self‑harm history, and contradictory witness testimony undermine sufficiency | Convictions supported; testimony, photos, and message suffice for a rational jury to find guilt beyond reasonable doubt |
| Manifest weight of the evidence | State: jury credibility determinations supported by record; evidence consistent with K.C.’s account | Starkey: evidence weighs against verdict due to delay in reporting, alternate explanations, and alibi witness | Not against manifest weight; jury did not lose its way — evidence does not overwhelmingly contradict verdict |
| Sentencing — whether trial court made required R.C. 2929.14(C)(4) findings for consecutive terms | State: trial court made findings at sentencing hearing and in judgment entry (necessary to protect public, not disproportionate, and statutory subsections) | Starkey: trial court failed to include required consecutive‑sentence findings in the judgment entry | Judgment entry contained the requisite findings (including (b) and (c)); consecutive sentences upheld |
Key Cases Cited
- State v. Jones, 91 Ohio St.3d 335 (discussing sufficiency/review standards)
- State v. Eley, 56 Ohio St.2d 169 (standard for substantial evidence)
- State v. Jenks, 61 Ohio St.3d 259 (approved sufficiency review framework)
- State v. Thompkins, 78 Ohio St.3d 380 (manifest‑weight standard)
- State v. DeHass, 10 Ohio St.2d 230 (credibility and jury determinations)
- State v. Bonnell, 140 Ohio St.3d 209 (requirements for consecutive‑sentence findings)
