State v. Watters
2016 Ohio 8083
| Ohio Ct. App. | 2016Background
- Late-night shooting aftermath: a 911 caller (Cherry) reported being shot at after leaving E & J’s Fun Bar; his passenger Marque Whaley was later found shot and died. A Volkswagen with bullet strikes arrived at the hospital.
- Police found a crashed, running Grand Am with an assault-style rifle on the passenger floorboard and footprints from the car to an apartment where Davon Watters was discovered smelling of hand sanitizer and holding a small Purell bottle.
- Forensics: gunshot residue (GSR) tested positive only on Ian Sheffield; no GSR on Watters or Cherry. Ballistics testing showed class characteristics consistent with the rifle found in the Grand Am but could not conclusively match the fatal fragments to that weapon.
- Watters gave multiple statements to police: initially denying involvement; then saying he handled a gun at the bar; later admitting the gun discharged once when he handled it and later admitting he fired a shot.
- Indictment and trial: Watters was convicted by jury of Murder, Felony Murder, three counts of Felonious Assault, Discharging a Firearm on/near Prohibited Premises, and Tampering with Evidence, with firearm specifications; merged convictions; sentenced to life with parole eligibility after 45 years (consecutive terms).
- Appellate posture: Watters appealed asserting ineffective assistance of counsel, manifest weight challenge, and that consecutive sentences were improper; the court affirmed.
Issues
| Issue | State's Argument | Watters's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel | Counsel pursued reasonable trial strategy: attack 911 caller credibility, emphasize forensic gaps, and stress inconsistencies; tactical choices preserved by record | Counsel failed to prepare, communicate, cross-examine effectively, call witnesses, or explain not-guilty/not-testify significance | No ineffective assistance; record shows plausible strategy and no prejudice (Strickland standard) |
| Admission of 911 call (Confrontation Clause) | 911 call was nontestimonial (ongoing emergency/excited utterance), properly admitted; defense objected and court considered authority | (Raised in dissent) Counsel’s objection was perfunctory and inadequate to protect Confrontation rights | Court (majority/concurring) held call nontestimonial under Davis/Bryant; admission proper; issue not raised on appeal by Watters |
| Manifest weight of the evidence | Sufficient circumstantial and direct evidence (statements, footprints, rifle, ballistics characteristics) supports convictions | Convictions against manifest weight due to weak forensic links and alleged poor defense presentation | Not against the manifest weight: jury did not lose its way; convictions affirmed |
| Consecutive sentencing | Trial court made statutory findings and record supports necessity/punishment and proportionality; R.C. standards satisfied | Consecutive terms excessive; linked to claims of ineffective counsel and manifest-weight error; denied fair chance to address court | Court upheld consecutive sentences; findings supported in record and not clearly and convincingly unsupported |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes two-prong standard for ineffective assistance of counsel)
- Crawford v. Washington, 541 U.S. 36 (Confrontation Clause—testimonial statement framework)
- Davis v. Washington, 547 U.S. 813 (911 calls about ongoing emergency are nontestimonial)
- Michigan v. Bryant, 562 U.S. 344 (clarifies primary-purpose test for testimonial statements in public-safety contexts)
- State v. Bonnell, 140 Ohio St.3d 209 (Ohio requirement for sentencing court to make statutory findings for consecutive sentences)
- State v. Marcum, 146 Ohio St.3d 516 (standard of appellate review for felony sentences under R.C. 2953.08(G)(2))
- State v. Seiber, 56 Ohio St.3d 4 (intent inference from inherently dangerous use of a firearm)
- State v. Lott, 51 Ohio St.3d 160 (circumstantial evidence can sustain convictions)