State v. Lipkins

1

2023-Ohio-1192

STATE OF OHIO, Plaintiff - Appellee v. TERREL J. LIPKINS, Defendant-Appellant

Nos. 2022CA00053, 2022CA00054

Court of Appeals of Ohio, Fifth District

April 10, 2023

Appeal from the Stark County Court of Common Pleas, Case Nos. 2021 CR 1715A and 2021 CR 2188A

For Plaintiff-Appellee KYLE L. STONE, TIMOTHY E. YAHNER Assistant Prosecuting Attorney

For Defendant-Appellant D. COLEMAN BOND

Hon W. Scott Gwin, P.J. Hon. William B. Hoffman, J. Hon. Craig R Baldwin, J.

OPINION

Baldwin, J.

{¶1} Terrell J. Lipkins appeals his conviction of multiple offenses in case numbers 2021CR1715(A) and 2021CR2188(A).

{¶2} In case number 2021CR1715(A), Lipkins was convicted of Murder, in violation of R.C. 2903.02(B), an unclassified felony, with Firearm Specifications, R.C. 2941.145(A) and R.C. 2941.146(A) and a Repeat Violent Offender Specification R.C. 2941.149(A); Felonious Assault, in violation of R.C. 2903.11(A)(1)(2) a felony of the second degree with Firearm Specifications, R.C. 2941.145(A) and R.C. 2941.146(A) and a Repeat Violent Offender Specification, R.C. 2941.149(A); Discharge of a Firearm on or Near Prohibited Premises, in violation of R.C. 2923.162(A)(3), a felony of the third degree, with Firearm Specifications, R.C. 2941.145(A) and R.C. 2941.146(A); two counts of Improperly Handling Firearms in a Motor Vehicle, in violation of R.C. 2923.16(A), felonies of the fourth degree with a Firearm Specification, R.C. 2941.145(A); and Having Weapons While Under Disability, in violation of R.C. 2923.13(A)(2) a felony of the third degree with a Firearm Specification, R.C. 2941.145(A).

{¶3} In case number 2021CR2188(A) Lipkins was convicted of two counts of Felonious Assault in violation of R.C. 2903(A)(2), felonies of the second degree, with Firearm Specifications, R.C. 2941.145(A) and R.C. 2941.146(A) and a Repeat Violent Offender Specification, R.C. 2941.149(A).

{¶4} Lipkins also appeals the sentence imposed by the Stark County Court of Common Pleas. The State of Ohio is Appellee.

STATEMENT OF THE FACTS AND THE CASE

{¶5} J.N. was the victim of a drive by shooting on August 7, 2021 near her home and in the presence of her daughter, M.N. and two other witnesses, all of whom had been talking immediately prior to the attack. The local authorities relied primarily on circumstantial evidence to tie Lipkins to the offense compiling video from local residences and businesses with GPS monitoring to track his movements, a doorbell video recording to establish access to a weapon and forensic examination of his clothing to demonstrate that he was present when a weapon was fired.

{¶6} J.N., her adult daughter, M.N., their neighbor, N.H. and his brother, C.T. were in an alley behind J.N.'s home engaged in conversation when a black vehicle with tinted windows and damage to the left rear fender passed by them. They paid little attention to the vehicle, finished their conversation and N.H. and C.T. began to walk home.

{¶7} Before they had moved far from the alley, the same black vehicle returned and a passenger in the rear driver's side vehicle fired seven to ten shots. N.H. and C.T. dropped to the ground and escaped harm, but J.N. was shot in the stomach and doubled over in pain. M.N.'s daughter called 911 and the Canton Police Department was first on the scene.

{¶8} The police officer noted that J.N. suffered a wound that entered and exited her body and he attempted to staunch the bleeding until the ambulance arrived. J.N.'s wounds proved to be fatal, the bullet passing through her back, then arteries and veins as well as her stomach. The coroner's office ruled that the death was a homicide as a result of a gunshot wound.

{¶9} The Canton Police Department began investigating the shooting within minutes of the 911 call. From N.H. and C.T., they learned that the vehicle was a black Malibu with a Spitzer dealership plate and that the weapon used had an extended magazine. While at the scene, detectives from the Canton Police Department began canvassing the neighborhood with the hope of finding a residential security camera that may have recorded the offense. The detectives did find a such recording in a camera about a block away from the scene of the shooting.

{¶10} Two witnesses, N.H. and A.F., noticed a pink steering wheel cover in the Malibu. N.H. recalled that the gun was black, had an extended magazine and that seven to ten shots were fired. The home of the decedent, J.N., was hit by two bullets and a neighboring house was struck. Windows in vehicles were shattered and the vehicle bodies were damaged by bullets.

{¶11} The Canton Police Department issued an alert to be on the lookout for a black Malibu with a Spitzer plate frame and a visible scratch across a corner panel. They also investigated the link to the local Chevrolet dealer, Spitzer, where a sales person recalled selling a 2014 black Chevrolet Malibu with tinted windows and that the buyer had asked if the tint was legal. The Canton Police Department, with the assistance of the authority of the trial court, obtained a copy of the purchase agreement and discovered that the vehicle was sold to Sabriah Johnson, the mother of Lipkins' daughter.

{¶12} The Canton Police Department knew that Lipkins socialized with Javier Blood and that Blood was obligated to wear a GPS monitor that would allow his movements to be tracked. The Canton Police Department reviewed GPS record of Blood's whereabouts on the day of the shooting and after discovering the addresses of locations that he visited, an officer reviewed video recordings from security cameras at the different locations. The videos showed that Blood and Lipkins traveled together, beginning at approximately 1:45 p.m., and that they were using a dark Chevrolet Malibu with a pink steering wheel cover. Lipkins and Blood appeared in videos from five different commercial establishments leading up to the time of the shooting.

{¶13} As they approached the scene of the shooting, two Ring cameras tracked their progress. The cameras showed the Malibu circle the area once and then gunshots were heard on the second pass. J.N. was shot at 8:37 p.m. and the 911 call was made at 8:38 p.m. The GPS monitor traced the progress of Blood and Lipkins toward the shooting just minutes before it occurred. A different GPS system showed that the speed of the vehicle increased from 23 miles per hour before or near the time of the shooting then increased to a speeds of 53, 59 and 71 miles per hour after the shooting.

{¶14} The Canton Police Department recovered shell casings from the scene and determined that they were fired from a Glock, nine millimeter, hand gun. Based upon witness statements, the police concluded that the gun was fitted with an extended magazine. Sabriah Johnson had purchased a Glock nine millimeter hand gun in February 2021. And, upon searching Johnson's residence, they discovered video from a door bell camera that showed Lipkins with a hand gun and extended magazine, wearing a balaclava style mask and a medallion, the latter two items being the same as seen in videos of Blood and Lipkins recovered from business cameras on the day of the shooting.

{¶15} While at Johnson's residence, the police also discovered the white t-shirt with the distinctive graphic and the black pants Lipkins wore on the day of the shooting. A forensic expert confirmed that the shirt and the pants contained gunshot residue. The medallion he wore in the videos taken on the day of the shooting was on Lipkins' person when he was taken into custody.

{¶16} The officers did not recover the gun used in the shooting, but they did discover two boxes of 9mm ammunition at Johnson's home.

{¶17} The vehicle was recovered in Barberton, Ohio on August 11, 2021 and the police found within it a pink steering wheel cover, Lipkins' social security card, and the Spitzer plate still attached to the vehicle.

{¶18} Lipkins, and co-defendant, Blood, were charged with: Murder in violation of R.C. 2903.02(B), an unclassified felony; Felonious Assault in violation of R.C. 2903.11(A)(1)/(2), a felony of the second degree; Having Weapons Under a Disability in violation of R.C. 2923.13(A)(2), a felony of the third degree; Discharging a Firearm on or Near Prohibited Premises in violation of R.C. 2923.162(A)(3), a felony of the third degree; and two counts of Improperly Handling Firearms in a Motor Vehicle in violation of R.C. 2923.16(A)/(B), both felonies of the fourth degree. All six counts contained three-year fire arm specifications. (R.C. 2941.145(A)). The Murder, Felonious Assault, and Discharge of Fire Arm on or Near Prohibited Premises included five-year Firearm Specifications. (R.C. 2941.146(A)). The Murder and Felonious Assault counts both contained repeat violent offender specifications pursuant to R.C. 2941.149(A).

{¶19} On October 14, 2021, the grand jury issued a second, secret indictment charging Lipkins and Blood with two additional counts of Felonious Assault, in violation of R.C. 2903.11(A)(2), both felonies of the second degree. Each count carried a R.C. 2941.145(A) three-year Firearm Specification, a R.C. 2941.146(A) five-year Firearm Specification, and a R.C. 2941.149(A) Repeat Violent Offender Specification.

{¶20} Blood and Lipkins were tried separately, and Blood's trial ended with an acquittal prior to the commencement of Lipkins' trial. The jury found Lipkins guilty on all counts as presented and the trial court then found him guilty of Having Weapons While Under Disability, R.C. 2923.13(A)(2) with a Firearm Specification, R.C. 2941,145(A)as well as a Repeat Violence Offender Specification, R.C. 2941.149(A).

{¶21} The trial court imposed a total prison term of forty-two years to life imprisonment in Case No. 2021CR1715(A) to be...