State v. Williams
2016 Ohio 7345
| Ohio Ct. App. | 2016Background
- In January 2014, Jordan Williams, Andre Jackson, and Jeris Geiger approached a vehicle outside a bar after believing it belonged to a man (Diontay Spraggins) with whom Williams had recent confrontations. Williams was carrying a 9mm Glock.
- Williams struck the driver-side window with the gun; a shot fired and one or two additional shots were fired. The vehicle, driven by Antonio Spraggins (Diontay’s brother), reversed, hit another car, and became stuck; Antonio was later killed by a single gunshot wound fired at a distance greater than contact but less than three feet.
- Witness and forensic evidence tended to show Williams was the shooter; testimony also indicated Williams fired multiple shots and admitted breaking the window and that at least one shot might have been accidental.
- Williams was indicted for two murder counts (including felony murder predicated on felonious assault) and felonious assault, with related firearm specifications; after the State rested Williams moved for acquittal on murder counts.
- The trial court (mistakenly believing felonious assault would merge with felony murder) granted a Crim.R. 29 acquittal on the felonious assault count but allowed the felony murder count to go to the jury; the jury convicted Williams of felony murder and reckless homicide (lesser included of murder) and acquitted him of murder.
- On appeal Williams raised: (1) that felony murder should not have gone to the jury because the predicate felonious assault had been dismissed, and (2) that the trial court erred by not instructing the jury on reckless homicide as a lesser included offense of felony murder. The Ninth District affirmed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Williams) | Held |
|---|---|---|---|
| Whether the trial court erred by allowing the felony-murder count to reach the jury after it granted a Crim.R. 29 acquittal on the predicate felonious-assault count | The State argued felony murder could still be tried because the elements for felony murder (including felonious assault as predicate) could be presented to the jury and the acquittal on a separate felonious-assault charge did not preclude felony-murder submission | Williams argued felony murder could not be submitted because the predicate felonious-assault count had been dismissed under Crim.R. 29 | Court: Williams forfeited the objection by not timely raising it at trial; he did not argue plain error, so claim is overruled |
| Whether the trial court abused its discretion by refusing a requested jury instruction that reckless homicide is a lesser included offense of felony murder | The State contended the evidence supported a knowing mens rea and felony murder; no reckless-homicide instruction was required | Williams argued the jury could reasonably find him not guilty of felony murder but guilty of reckless homicide, so the instruction was required | Court: Reckless homicide is a lesser included offense, but given the evidence (close-range shots, multiple shots, conduct showing knowing mens rea) refusal was not an abuse of discretion; instruction not required |
Key Cases Cited
- Adams v. State, 144 Ohio St.3d 429 (2015) (abuse-of-discretion review for jury-instruction refusals)
- Deanda v. State, 136 Ohio St.3d 18 (2013) (two-step test for lesser-included-offense submission)
- Kidder v. State, 32 Ohio St.3d 279 (statutory-elements step for lesser-included offenses)
- Wine v. State, 140 Ohio St.3d 409 (trial court must give lesser-included instruction when any reasonable view of the evidence supports it)
- Deem v. State, 40 Ohio St.3d 205 (framework for lesser-included offenses)
- Trimble v. State, 122 Ohio St.3d 297 (viewing evidence in light most favorable to defendant for instruction question)
- Evans v. State, 122 Ohio St.3d 381 (evidence-based inquiry whether jury could acquit on greater and convict on lesser)
- Thomas v. State, 40 Ohio St.3d 213 (procedural principles on preservation and appellate review)