State v. Wilson

1

2023-Ohio-27

STATE OF OHIO Appellee v. WILLIE WILSON Appellant

C. A. No. 29349

Court of Appeals of Ohio, Second District, Montgomery

January 6, 2023

Criminal Appeal from Common Pleas Court Trial Court Case No 2021 CR 02391

MATHIAS H. HECK, JR., by MICHAEL P. ALLEN, Attorney for Appellee

CARLO C. MCGINNIS, Attorney for Appellant

OPINION

WELBAUM, J.

{¶ 1} Defendant-Appellant, Willie Wilson, appeals from his convictions on one count of felonious assault (serious harm) and one count of felonious assault (deadly weapon). After the convictions were merged, the State elected to have the court sentence Wilson for felonious assault (serious harm), and the court imposed a prison sentence of four to six years.

{¶ 2} According to Wilson, several errors occurred in the trial court. The alleged errors include: (1) that Wilson was denied a fair trial because the court failed to excuse a juror for cause; (2) the court erred in admitting text messages that were not properly authenticated; (3) the court erred in admitting "other bad acts" evidence and exacerbated the error when it gave an intended mitigating jury instruction; (4) the convictions were based on insufficient evidence and were against the manifest weight of the evidence; and (5) cumulative error deprived Wilson of a fair trial and due process.

{¶ 3} For the reasons discussed below, Wilson's assignments of error are without merit. Accordingly, the judgment will be affirmed. However, the judgment entry contains a clerical error (which the State has conceded), and this matter will be remanded to the trial court with instructions to file a nunc pro tunc entry correcting the clerical error.

I. Facts and Course of Proceedings

{¶ 4} On July 27, 2021, an indictment was filed charging Wilson with one count of felonious assault (serious harm) in violation of R.C. 2903.11(A)(1), one count of felonious assault (deadly weapon) in violation of R.C. 2903.11(A)(2), and one count of domestic violence in violation of R.C. 2919.25(A). The charges, respectively, were two second-degree felonies and a first-degree misdemeanor.

{¶ 5} The charges arose from events that occurred on July 17, 2021. At trial, the jury heard testimony from the following individuals: the victim, X.M.; Dayton police officer Dalton Ishmael, who responded to the scene (Wilson's home); Dayton police officer Zachary Faltys, who responded to Grandview Hospital, where X.M. was treated; and Willie Wilson. In addition, the court admitted various exhibits, which included: photographs of the scene, X.M.'s automobile, and the parties' injuries; copies of text messages between X.M. and Wilson; and audio tapes of X.M.'s 911 calls.

{¶ 6} X.M. and Wilson told different stories about what had occurred, although they did agree on some details, like the fact that they had met a few years earlier while working together at Procter & Gamble but did not really know each well other at that point. They also agreed that at some time before the incident, X.M. came upon hard times and posted about it on Facebook. At that point, Wilson offered X.M. a place to stay and, eventually, X.M. came to stay with Wilson. Wilson also helped X.M. find a job.

{¶ 7} The parties also agreed that X.M. had a pattern of staying at Wilson's home, leaving, and then returning for various periods of time. They further agreed that they had been sexually involved, but they disagreed with the extent of it or how long it had lasted. Wilson claimed it had occurred only when they first met. In contrast, X.M. stated that he and Wilson had "fooled around" during their entire relationship, but that Wilson then began to develop feelings X.M. did not share. According to X.M., Wilson threatened to post pictures of him on Facebook and to expose him as being gay if he did not do what Wilson wanted. During this time, X.M. also had relationships with women. However, he did not want his family to know about Wilson, as this was his first experience with a man. Transcript of Proceedings ("Tr."), p. 116-117, 119, 120-121, 156-157, 202, and 222.

{¶ 8} At some point before July 17, 2021, X.M. moved back into Wilson's home. However, according to X.M., something occurred on July 15, 2021, that made him uncomfortable and made him say he needed to move out. X.M. then moved in with his sister. Id. at p. 123-124. According to X.M., he talked to Wilson on July 16, 2021, about getting some of his things out of the house. Id. at p. 128.

{¶ 9} On July 17, 2021, at around 2:50 a.m., X.M. received a text message from Wilson saying that he was sorry and asking X.M. to return the key to the house. During the text messages, Wilson also said that he was just "hurt" and "come home, I need you here. I put everyone out." Id. at p. 218-219 and 222. X.M. told Wilson that it was "all good" but that he would not be coming back and would drop the key off and pick up the rest of his things. Wilson texted that the door would be unlocked. Id. at p. 125-126, 165, and 228.

{¶ 10} That morning, X.M. went to Wilson's house. He arrived at 9:40 or 9:50 a.m. Id. at p. 164-165. The door was unlocked, so he entered and went upstairs to see if his things were in one of the rooms. Id. at p. 132. Wilson was not home at the time, but about five or ten minutes after X.M. arrived, Wilson came home. Id. at p. 126 and 164-165. Previously, around 9:30 a.m., Wilson had sent a text indicating he had been up all night and was pulling up. X.M. responded that he was already in the house. Id. at p. 127. Wilson indicated at trial that he had been up all night and had done "coke" (cocaine). Id. at p. 216.

{¶ 11} Wilson came in, said hello, and went straight into his own bedroom. Wilson then said, "oh and yes," and X.M. said, "Don't start that sh**." X.M. said this because he knew, knowing Wilson as long as he had, what it was going to lead to. Tr. at p. 132. As X.M. was getting ready to walk out of the other room, Wilson walked up to him and stabbed him in the chest with a razor. The razor was a straight razor, like a razor from a box-cutter. X.M. knew that Wilson kept a razor on a plate in his bedroom. Id. at p. 133-135. X.M. had not realized that Wilson had a razor in his hand. When he realized what Wilson had done, X.M. asked him what he was doing, and Wilson stabbed him twice more. Id. at p. 134. X.M. then ran downstairs, because he realized Wilson was not going to stop stabbing him. Id.

{¶ 12} When X.M. ran down the stairs, Wilson chased him. The configuration of the house was that the living room, dining room, and kitchen were in a circle. Wilson chased X.M. around the circle, throwing things. Eventually, X.M. threw a chair and slowed Wilson enough to escape from the house and get to his car. When X.M. got in and locked the car doors, Wilson tried to pull on the handle and get in the car. Wilson then sliced the car with the razor, and X.M. began backing up. At that point, Wilson jumped on top of the car, trying to pull the windshield wiper off and trying to smash the windshield with a log. Id. at p. 131, 134, 136-137, 144, and 148. X.M. drove down the alley, wiggling the car to get Wilson off without hurting him. X.M. then drove into a trashcan and Wilson fell off. Id. at p. 137.

{¶ 13} X.M. drove to the hospital and called 911 on the way. 911 also called him back to confirm some information. X.M. was pretty emotional on the call because he thought he was going to die. The police arrived while X.M. was being treated and took a statement. Id. at p. 138-140. Eighteen stiches were needed to close the wound on X.M.'s chest, and he had a scar as well as permanent pain from his injury. Id. at p. 146- 147. X.M. believed the stabbing took place at around 10:12 or 10:15 a.m. because the police were dispatched at 10:27 or 10:30. Id. at p. 168.

{¶ 14} Officer Faltys and his partner were dispatched to Grandview Hospital at around 10:30 a.m. on July 17, 2021, after a call came in saying that a stabbing victim had walked into the hospital. Tr. at p. 188. Faltys testified that he had observed multiple stab wounds on X.M.'s torso and that X.M. had been very emotional and very distraught. Id. at p. 189-190. There was a large slice down X.M.'s pectoral muscle. It was open, and Faltys could see the muscle though the skin, as the wound had not yet been stitched. Faltys took a statement and documented the injuries and then looked at X.M.'s vehicle, which was parked outside the emergency room. Id. at p. 190-191.

{¶ 15} A lot of debris and dirt and a couple of pieces of wood were on the vehicle's hood; on the passenger's side, the mirror was folded in and branches and leaves were stuck in between the mirror and the window. A rolled-up object was also in the windshield. Id. at p. 192 and 195.

{¶ 16} As noted, the parties' versions of the incident differed. Wilson's account was that he and X.M. had never discussed keeping a sexual relationship out of the public eye. Id. at p. 205. According to Wilson, when X.M. came back to stay with him the last time, X.M. kept all his belongings in the trunk of his car and nothing was in the house. Id. Wilson stated that he knew X.M. was moving out and that X.M. had returned the house key to the house before July 17, 2021. Id. at p. 206.

{¶ 17} On the morning of July 17, 2021, Wilson was upstairs at home when he heard the front door open and footsteps. He got out of bed, went downstairs, and found X.M. between the door of the living room and the kitchen. Wilson testified that X.M. must have made a duplicate key and that his (Wilson's) wallet was missing from a table tray where it had been sitting. Id. at p. 206-208. Wilson asked X.M. how he got in there. At that point, X.M. began running, and Wilson ran after him to get his wallet back. After they circled around a couple of times,...