State v. Sparks , 2014 Ohio 4277 ( 2014 )

[Cite as State v. Sparks, 2014-Ohio-4277.]
IN THE COURT OF APPEALS
TWELFTH APPELLATE DISTRICT OF OHIO
BUTLER COUNTY
STATE OF OHIO, :
Plaintiff-Appellee, : CASE NO. CA2013-09-168
: OPINION
- vs - 9/29/2014
:
DRAVAUGHN P. SPARKS, :
Defendant-Appellant. :
CRIMINAL APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS
Case No. CR2013-05-9721
Michael T. Gmoser, Butler County Prosecuting Attorney, Kimberly L. McManus, Government
Services Center, 315 High Street, 11th Floor, Hamilton, Ohio 45011, for plaintiff-appellee
Christopher P. Frederick, 304 North Second Street, Hamilton, Ohio 45011, for defendant-
appellant
RINGLAND, P.J.
{¶ 1} Defendant-appellant, Dravaughn P. Sparks, appeals from his convictions in the
Butler County Court of Common Pleas for aggravated robbery and kidnapping.
{¶ 2} On June 5, 2013, Sparks was indicted on one count of aggravated robbery in
violation of R.C. 2911.01(A)(1), and one count of kidnapping in violation of R.C.
2905.01(A)(2), both felonies of the first degree. A gun specification accompanied both
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charges. The state alleged that Sparks acted either as the principal or in complicity with
Kameron Williams in the commission of those crimes. Sparks pled not guilty to the charges,
and the case proceeded to trial.
{¶ 3} Following a three-day trial, the jury found Sparks guilty on both counts and the
added gun specification. The trial court merged the aggravated robbery and kidnapping
charges and sentenced Sparks to four years in prison. Sparks was additionally ordered to
serve a mandatory three-year prison term on the gun specification, prior to and consecutive
with the aggravated robbery sentence.
{¶ 4} Sparks appeals those convictions, raising two assignments of error for our
review. For ease of discussion, we will discuss both assignments of error together.
{¶ 5} Assignment of Error No. 1:
{¶ 6} THE STATE PRESENTED INSUFFICIENT EVIDENCE TO CONVICT MR.
SPARKS OF AGGRAVATED ROBBERY IN VIOLATION OF R.C. 2911.01(A)(1) AND
KIDNAPPING IN VIOLATION OF R.C. 2905.01(A)(2).
{¶ 7} Assignment of Error No. 2:
{¶ 8} MR. SPARKS' CONVICTIONS WERE AGAINST THE MANIFEST WEIGHT OF
THE EVIDENCE.
{¶ 9} Sparks argues that (1) the trial court erred in denying his Rule 29 motion for
acquittal on the aggravated robbery and kidnapping charges, and (2) his conviction was
against the manifest weight of the evidence because "the trier of fact did not properly execute
its fact-finding responsibilities and failed to render an appropriate verdict in light of the
evidence presented at trial."
{¶ 10} Crim.R. 29(C) permits a trial court, upon motion, to set aside a guilty verdict and
enter a judgment of acquittal. State v. Grinstead, 194 Ohio App.3d 755, 2011-Ohio-3018, ¶ 9
(12th Dist.). "This court reviews a trial court's decision on a Crim.R. 29(C) motion for
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acquittal using the same standard as that used to review a sufficiency-of-the-evidence claim."
Id.; State v. Clements, 12th Dist. Butler No. CA2009-11-277, 2010-Ohio-4801, ¶ 17; State v.
Moshos, 12th Dist. Clinton No. CA2009-06-008, 2010-Ohio-735, ¶ 26. When reviewing the
sufficiency of the evidence underlying a criminal conviction, an appellate court examines the
evidence in order to determine whether such evidence, if believed, would convince the
average mind of the defendant's guilt beyond a reasonable doubt. State v. Paul, 12th Dist.
Fayette No. CA2011-10-026, 2012-Ohio-3205, ¶ 9. Therefore, "[t]he relevant inquiry is
whether, after viewing the evidence in a light most favorable to the prosecution, any rational
trier of fact could have found the essential elements of the crime proven beyond a
reasonable doubt." State v. Jenks, 61 Ohio St.3d 259 (1991), paragraph two of the syllabus.
{¶ 11} A manifest weight of the evidence challenge, on the other hand, examines the
"inclination of the greater amount of credible evidence, offered at a trial, to support one side
of the issue rather than the other." State v. Barnett, 12th Dist. Butler No. CA2011-09-177,
2012-Ohio-2372, ¶ 14. To determine whether a conviction is against the manifest weight of
the evidence, the reviewing court must look at the entire record, weigh the evidence and all
reasonable inferences, consider the credibility of the witnesses, and determine whether in
resolving the conflicts in the evidence, the trier of fact clearly lost its way and created such a
manifest miscarriage of justice that the conviction must be reversed and a new trial ordered.
State v. Graham, 12th Dist. Warren No. CA2008-07-095, 2009-Ohio-2814, ¶ 66. "While
appellate review includes the responsibility to consider the credibility of witnesses and weight
given to the evidence, 'these issues are primarily matters for the trier of fact to decide.'"
State v. Barnes, 12th Dist. Brown No. CA2010-06-009, 2011-Ohio-5226, ¶ 81, quoting State
v. Walker, 12th Dist. Butler No. CA2006-04-085, 2007-Ohio-911, ¶ 26. An appellate court,
therefore, will overturn a conviction due to the manifest weight of the evidence only in
extraordinary circumstances when the evidence presented at trial weighs heavily in favor of
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acquittal. Id., citing Thompkins, 78 Ohio St.3d at 387. Furthermore, "[a] determination that a
conviction is supported by the manifest weight of the evidence will also be dispositive of the
issue of sufficiency." State v. Jones, 12th Dist. Butler No. CA2012-03-049, 2013-Ohio-150, ¶
19.
{¶ 12} The present case involved allegations of kidnapping and robbery at gunpoint.
Aggravated robbery under R.C. 2911.01(A)(1), provides that "[n]o person, in attempting or
committing a theft offense, as defined in section 2913.01 of the Revised Code, or in fleeing
immediately after the attempt or offense, shall * * * [h]ave a deadly weapon on or about the
offender's person or under the offender's control and either display the weapon, brandish it,
indicate that the offender possesses it, or use it." Kidnapping under R.C. 2905.01(A)(2)
provides that "[n]o person, by force, threat, or deception * * * shall remove another from the
place where the other person is found or restrain the liberty of the other person * * * [t]o
facilitate the commission of any felony or flight thereafter."
{¶ 13} Ohio's complicity statute, R.C. 2923.03(A)(2), states in pertinent part that "[n]o
person, acting with the kind of culpability required for the commission of an offense, shall * * *
[a]id or abet another in committing the offense." In order to support a conviction for
complicity by aiding and abetting pursuant to R.C. 2923.03(A)(2), "the evidence must show
that the defendant supported, assisted, encouraged, cooperated with, advised, or incited the
principal in the commission of the crime, and that the defendant shared the criminal intent of
the principal." State v. Johnson, 93 Ohio St.3d 240, 2001-Ohio-1336, syllabus. Such intent
may be inferred from the circumstances surrounding the crime, including presence,
companionship, and conduct before and after the offense is committed. Id.; State v. Mota,
12th Dist. Warren No. CA2007-06-082, 2008-Ohio-4163, ¶ 20. Moreover, evidence of aiding
and abetting may be shown by either direct or circumstantial evidence. State v. Salyer, 12th
Dist. Warren No. CA2006-03-039, 2007-Ohio-1659, ¶ 26.
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{¶ 14} On the day in question, Sparks, Williams, Caitlyn Riddle, Anthony Wince and
Sparks' sister made a trip to Oxford, Ohio. There, Williams came into contact with Andrew
Livingstone, a Miami University student. Williams and Livingstone had not previously met.
Williams asked Livingstone if he wanted to purchase marijuana and Livingstone agreed.
Livingstone then informed Williams that he was on his way to meet a friend, Rob Dvorak.
{¶ 15} After the two met up with Dvorak, they worked out the details of the marijuana
sale. Williams told them to give him the money and he would retrieve the marijuana from his
car. Dvorak declined, not trusting that Williams wouldn't simply take the money and leave.
Williams then agreed to have Dvorak get into the car with him to complete the transaction.
{¶ 16} Upon arrival at the car, there were four others seated inside. Riddle was in the
driver's seat and Sparks was in the front passenger seat. Dvorak got into the back seat
where two others were seated, and Williams followed him in. Livingstone testified that he
approached the car to look in, at which time Sparks said something to the effect of, "[w]hat
the hell are you doing? Get the fuck out of here." Livingstone then turned and walked away.
{¶ 17} Dvorak testified that Sparks almost immediately began yelling at him once
inside the car. Dvorak then gave Williams his money and asked to be let out of the car. At
that point the car started to move, and Dvorak realized he wasn't going to be let out. Dvorak
testified that Sparks then pulled a gun out from between his legs, began yelling, waving it in
the air and pointing it at him. Dvorak pleaded for them to go to an ATM so that he could
withdraw more cash and they would "just call it a day." According to Dvorak, Sparks had
been directing the driver and told her to pull up to a Chase ATM on Main Street.
{¶ 18} Once at the ATM, Dvorak testified that Sparks handed the gun to Williams, who
then escorted Dvorak towards the ATM with the gun pressed against his back. Dvorak
attempted to buy some time at the ATM by entering incorrect PIN numbers, but eventually
Williams became agitated. At that point, a male in the vehicle yelled "let's go." Dvorak
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withdrew $100 and handed it to Williams. Williams demanded that he withdraw more.
Officers arrived on the scene at that time.
{¶ 19} Livingstone corroborated Dvorak's testimony. He testified that he saw the
vehicle turn onto Main Street and assumed that the transaction had gone off as planned.
However, he suspected something was wrong when he saw Williams exit the vehicle
"attached right to" Dvorak. Once Livingstone saw them approach the ATM, he concluded
there was a problem and called 9-1-1. He then approached police officers and advised them
of his concerns. Those police officers blocked the vehicle and secured the passengers and
Williams.
{¶ 20} The officers discovered a loaded .25 caliber pistol "sticking out the bottom of
[Williams'] pant leg." Cash in the amount of $165 was also found on Williams, the exact
amount Dvorak alleged to have given him. The officers found a small bag of marijuana and a
knife on Sparks. They also recovered a small amount of cash, marijuana and five rounds of
.25 caliber ammunition in the vehicle and on the other passengers.
{¶ 21} Riddle testified on behalf of the defense. She had been driving the vehicle on
the night in question. She testified that Williams told her Dvorak just needed a ride home.
According to Riddle, Sparks did not direct her on where to go at any time. She stated that
Sparks told Dvorak to "get off his sister," but only in a raised tone, rather than a yell. Riddle
testified that it was Williams who began to yell at Dvorak. She further testified that she only
ever saw Williams with the gun, never Sparks. Finally, she testified that Sparks never told
her where to go, nor did he tell Dvorak what to do, demand money from him, or take money
from him.
{¶ 22} Weighing the evidence above, we cannot find that the trier of fact clearly lost its
way and created a manifest miscarriage of justice in finding Sparks guilty of aggravated
robbery and kidnapping. Evidence was presented to show that Sparks was not only present
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at the scene of the crime, but actively participated. Dvorak testified that Sparks directed
Riddle to drive to the ATM, pulled out and pointed a gun at Dvorak and handed that gun to
Williams so that he could escort Dvorak to the ATM to withdraw more money. Dvorak's
testimony makes clear that Sparks and Williams shared the same intent to commit the
robbery. Dvorak also testified that he asked to be let out of the car, but that the car began to
leave. He stated that Sparks directed the driver where to go and pulled out the gun which he
pointed at Dvorak. According to Dvorak, Sparks handed the gun to Williams to continue the
robbery at the ATM while restraining Dvorak's liberty. Therefore, pursuant to Dvorak's
testimony, it is again clear that Sparks and Williams shared the same intent in kidnapping
Dvorak during the commission of the robbery.
{¶ 23} While the defense presented testimony from Riddle that conflicts with Dvorak's
testimony, we agree with the state that "a conviction is not against the manifest weight of the
evidence simply because the jury believed the prosecution testimony." State v. Coleman,
12th Dist. Butler No. CA2010-12-329, 2011-Ohio-4564, ¶ 26. "As the trier of fact is in the
best position to judge the credibility of the witnesses, we will not disturb the trial court's
finding in regard to which version of events was credible, and which was not." State v.
Bonner, 12th Dist. Butler No. CA2012-09-195, 2013-Ohio-3670, ¶ 13. The trier of fact in the
present case found the prosecution testimony to be more credible. We agree.
{¶ 24} In light of the foregoing, having found that Sparks' conviction was supported by
sufficient evidence and was not against the manifest weight of the evidence, Sparks'
assignments of error are overruled.
{¶ 25} Judgment affirmed.
S. POWELL and PIPER, JJ., concur.
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