State v. Hall

2021-Ohio-2968

State of Ohio Appellee v. Willie Lewis Hall Appellant

Nos. L-20-1089, L-20-1090

Court of Appeals of Ohio, Sixth District, Lucas

August 27, 2021

Trial Court Nos. CR0201901570 CR0201902274

Julia R. Bates, Lucas County Prosecuting Attorney, and Evy M Jarrett, Assistant Prosecuting Attorney, for appellee.

Henry J. Schaefer, for appellant.

DECISION AND JUDGMENT

PIETRYKOWSKI, J.

{¶ 1} In this consolidated appeal, defendant-appellant Willie Hall, appeals the April 13, 2020 judgments of the Lucas County Court of Common Pleas which, following a jury trial convicting him of aggravated murder, aggravated burglary, and burglary sentenced him to life imprisonment. Because we find no error in the trial court proceedings, we affirm.

{¶ 2} This appeal stems from two indictments charging appellant with crimes relating to the January 11, 2019 burglary, case No. CR-19-1570, and the February 3, 2019 murder and aggravated burglary, case No. CR-19-2274 occurring at the same residence on Broadstone Street in Toledo, Lucas County, Ohio.

{¶ 3} The state filed a motion to join the two indictments for trial and a notice of its intent to introduce the statements of victim, Benjamin Ward, and witness, B.W. Appellant opposed the filings. On November 14, 2019, the trial court granted the joinder motion finding that the two cases stemmed from a common scheme or continuous course of conduct and that the evidence in each case was simple and direct. The trial court further denied the opposition to the introduction of evidence determining that the statements were excited utterances and, as to Ward's statements to the officer responding the burglary, that they were admissible, non-hearsay as they were relevant to the course of the investigation.

{¶ 4} The trial in the matter commenced on March 9, 2020. Prior to voir dire, appellant renewed his objections to the court's ruling on the issue of joinder and the Evid.R. 404(B) rulings.

The January 11, 2019 Burglary

{¶ 5} On January 12, 2019, the victim, Ben Ward, called 911 to report that his home had been burgled. Police arrived at approximately noon and observed a cut screen in the main bedroom. Ward reported that the intruder stole a television, Xbox, Play Station 4, multiple games for each, a Rolex watch, various other jewelry items, approximately 15 pair of Nike Air Jordan athletic shoes, and $500 cash.

{¶ 6} It is undisputed that Ward lied to police. The testimony showed that the break-in occurred on January 11, 2019, and the intruder stole $3, 000 cash, a few jars of marijuana, and possibly one pair of Nike Air Jordan athletic shoes. Ward lied to police to conceal the fact that he sold marijuana and to potentially allow him to file a claim on this renter's insurance.

{¶ 7} Ward consistently reported an unfamiliar glove he discovered in a bedroom which he placed on a table in the dining area. On January 12, he told police that he believed the glove belonged to his neighbor, Mike, and that he and Mike had an ongoing dispute. The officer took the glove as evidence. Following the February 3, 2019 murder of Ward, the glove was sent to the Bureau of Criminal Investigation (BCI) for DNA testing. During the January 12 interview, the responding officer had his body camera on and recording; there was no objection to the admission of the video. Also admitted were still photos taken from the video.

{¶ 8} On March 22, 2019, Toledo Police Detective William Goodlet executed two search warrants relating to appellant: at his residence and his girlfriend's residence. At appellant's and his mother's residence on Chemsley Court, a driving distance of 2.3 miles from Ward's home, Goodlet recovered three Mason jars of marijuana. Goodlet also recovered a right-handed, latex coated work glove; he testified that the glove recovered from Ward's home was a left-handed glove that matched the right-handed glove.

{¶ 9} Levi Liner, Ward's longtime friend, testified that on January 11, 2019, at approximately 3:30 p.m., Ward telephoned him, upset and panicked, stating that someone in his neighborhood, specifically next-door-neighbor Mike Lowe, had broken into his home. Ward and Lowe had been in a fistfight four to five years prior. Liner stated that Ward was torn about whether to call the police due to the fact that he was involved in selling marijuana and had drug paraphernalia in the house. Liner testified that he told Ward that he should report the burglary and send a message to his neighbors that he was not afraid to get the police involved.

{¶ 10} The lead detective assigned to the burglary was Toledo Police Detective William White. After being assigned to the matter, White attempted to contact Ward but was unsuccessful. On February 4, 2019, he learned of Ward's murder. Through investigation of phone records and letters, Detective White learned that Ward's neighbor, Mike Lowe (AKA "White Boy Mike"), and appellant were friends. Detective White testified that Mike Lowe died on March 1, 2019, from a drug overdose; his cell phone was recovered and analyzed.

{¶ 11} Selena H. testified that she and appellant began dating in December 2018. At the time, he lived with his mother and did not have either a job or a car. She stated that she had met appellant's friend Mike, or "White Boy Mike," who lived on Broadstone. Selena testified that on January 12, 2019, she and appellant went to a shopping mall and he bought multiple pairs of shoes with cash.

Murder and Aggravated Burglary of February 3, 2019

{¶ 12} Ward's friend Levi Liner testified that on February 3, 2019, Ward and his son, B.W., were at his home to watch the Super Bowl. He stated that they left at approximately 9:30 p.m. and that it took five to ten minutes to get to Ward's house. At 1:30 a.m., he was awakened to police detectives pounding on his door. They informed him that Ward and been killed. Liner told police about the burglary one month prior and the glove that Ward had turned over to police.

{¶ 13} The 911 call was placed at 9:46 p.m. and was played for the jury. Ward's son, then eight years old told the dispatcher that someone shot his dad. He stated that he did not get a look at the suspect's face and that he did not see a vehicle driving away.

{¶ 14} Toledo Police Sergeant Zachary Jennings responded to the 911 call arriving at approximately 10:00 p.m. Approaching the doorway he observed an adult male lying face down and a young boy crouched down next to him with a cell phone in his hand. Jennings cleared the scene and observed that the likely point of entry was the window in the back bedroom which was open and the blinds look disturbed. In the same room, Jennings observed dresser drawers pulled out and removed. Jennings' body camera recorded the incident and the video was played for the jury.

{¶ 15} Toledo Police Officer Jeff Breeze arrived after Jennings; he encountered the victim's son, B.W., had the child close his eyes and he carried him out of the house. B.W. told Officer Breeze that a black man with scruffy facial hair came out of the back room and shot his dad. His bodycam video was played for the jury.

{¶ 16} Toledo Police Detective Scott Mills, crime scene investigator, testified that on February 3, 2019, at approximately 11:00 p.m., he processed the crime scene on Broadstone. Prior to his arrival, approximately ten officers had been on the scene. Mills collected multiple pieces of evidence, many were sent to the BCI for analysis, and took several photographs. Detective Mills testified that he observed signs of forced entry into the bedroom located in the rear of the home. Mills documented footwear impressions in the mud below the windows. There were additional, similar impressions throughout the back yard.

{¶ 17} Detective Mills testified regarding the window which was open and the broken glass pane and pry marks. Mills stated the he observed some horizontal striations which indicated that the suspect was likely wearing gloves. Consistent with this theory, Mills found no useable finger prints at the scene.

{¶ 18} On the night of the homicide lead detective, Jeff Quigley, first proceeded to a home on McCord Road to question the minor witness. The child described the shooter, who he observed for only a few seconds, as a black male with a beard and mustache, flat top hairstyle, gray sweatshirt with black dots, and white shoes. Quigley then proceeded to the crime scene which was being processed. Quigley continued on to Levi Liner's house. Detective Quigley testified that Liner was "devastated" upon hearing that his friend had been killed. He informed Quigley that Ward's home had been burglarized in the last 30 days.

{¶ 19} Detective Quigley stated that during the investigation they learned that appellant and Ward's next-door-neighbor, Mike Lowe, were acquaintances. Quigley went to Lowe's home after learning that he died of a possible drug overdose. At the home, Quigley collected a 40 caliber Taurus. It was forensically test-fired and compared to the shell casings found at the crime scene; it was not a match. Quigley testified that by analyzing appellant's phone they discovered that appellant and Lowe attempted to contact each other 21 times beginning approximately 16 minutes after the murder.

{¶ 20} Toledo Police Detective William White similarly stated that appellant's and Lowe's phones had contact on February 3, 2019 at approximately 10:01 p.m. In the hours following Ward's murder, the phones had contact 21 times. There were also photographs on appellant's phone depicting a large "wad" of cash and a Sig Sauer semiautomatic handgun.

{¶ 21} Detective White testified that appellant's cousin also lived on the 1900 block of Broadstone Street. On February 3, 2019, at 11:28 p.m., his cousin texted appellant "4...