State v. Murray

927 N.E.2d 24, 186 Ohio App. 3d 185
CourtOhio Court of Appeals
DecidedNovember 23, 2009
DocketNo. CA2009-03-015
StatusPublished

This text of 927 N.E.2d 24 (State v. Murray) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Murray, 927 N.E.2d 24, 186 Ohio App. 3d 185 (Ohio Ct. App. 2009).

Opinion

Powell, Presiding Judge.

{¶ 1} Defendant-appellant, Michael Murray, appeals his conviction in the Clermont County Court of Common Pleas for one count of tampering with evidence. We reverse the decision of the trial court.

{¶ 2} According to stipulated facts, Murray’s mother, Marilyn, was married to Judson Dalton, and on May 16, 2008, Dalton and Marilyn had an argument. Murray and Dalton agreed that Dalton would accompany Murray back to his apartment and stay at his residence. On the way, Dalton asked Murray to stop at the Robbie Ridge Apartments so that he could purchase crack cocaine. While waiting for the drug dealer in the apartment’s parking lot, Dalton exited Murray’s truck at around 9:30 or 10:00 p.m. in order to urinate. After Murray noticed that Dalton had not promptly returned, he got out of his truck to check on Dalton’s whereabouts. Murray discovered that Dalton had fallen off an 11-foot retaining wall and was lying on the ground at the bottom asking for help.

{¶ 3} Instead of calling 9-1-1 or seeking medical attention, Murray put Dalton in his truck and drove towards his apartment. During the drive, Dalton slumped forward in his seat and his hat fell off, revealing a three-by-five-inch gash in the top of his head. Murray then called his mother and his sister, Michelle Murray, asking them to come to his apartment. Once he arrived at his home, Murray changed his pants and washed his hands. After his sister and mother arrived and assessed the situation, Michelle called 9-1-1 to seek medical help for Dalton.

{¶ 4} The stipulation also incorporated the statements of Murray’s sister and mother, as if they were fully rewritten. According to Marilyn Murray, Murray called her sometime after 10:00 p.m. and asked her to come to his apartment because Dalton had fallen from a wall and was bleeding. After Murray told his mother that he did not know what to do, she drove to his apartment and arrived around 11:30 p.m., where she saw Dalton in Murray’s truck.

{¶ 5} According to Michelle Murray, Murray called her and told her that Dalton had fallen over the wall. During the phone call, Murray explained to Michelle that he had lifted Dalton into his truck and was on the way back to his residence, where he hoped to meet Michelle. When Michelle arrived at Murray’s apartment between 11:10 and 11:20 p.m., she found her brother crying and very upset. After she asked him what had happened, Murray told her that Dalton had [188]*188fallen from the wall and “split his head open.” When Michelle asked Murray whether Dalton was still alive, he responded that he did not know. Michelle then checked for a pulse and after finding a “slight” pulse, told Murray that they had to call 9-1-1.

{¶ 6} Murray told Michelle that he could not call 9-1-1 and that he wasn’t “burning the body.” Michelle then told her brother that there were “other ways to get rid of the body” and that the police would help. Murray again stated that he could not call 9-1-1 and wanted to wait for his mother to arrive before doing anything else. Though Michelle suggested that the two move Dalton’s body into their mother’s car and take him to the hospital, Murray refused because he was not going to “start lying” or get her or their mother “in trouble.” According to Michelle’s statement, she suggested moving the body into their mother’s car so that Murray could avoid another driving-under-suspension (“DUS”) charge.

{¶ 7} Around 11:50 p.m., Michelle called 9-1-1. The operator directed her to place Dalton on his back, check his airway, and perform CPR. Michelle verified that nothing was obstructing Dalton’s airway and then explained to the operator that she was “scared” to perform CPR because Dalton was positive for HIV and hepatitis C. Shortly thereafter, an emergency crew arrived at the scene and started rescue efforts.

{¶ 8} Milford police also arrived at Murray’s home, and Detective Jamey Mills asked Murray to go back to the police station in order to figure out what had happened. After agreeing to accompany Detective Mills to the station, Murray advised the police that he had changed clothes earlier. He then gave Detective Mills the clothes he was wearing at the time he moved Dalton into his truck, including the pants he had changed out of earlier and his socks. Murray also agreed to allow police to tow his truck to the station for examination. Murray’s mother, the owner of the vehicle, also agreed to the search.

{¶ 9} On the way to the station, Murray and Detective Mills drove by the Robbie Ridge Apartments. Murray verified that the investigation crew was in the area where Dalton fell and later pointed to the area of the parking lot where he and Dalton had waited for the drug dealer. At the station, Murray waived his Miranda rights and explained to the detectives that while he did not see what happened, he assumed that Dalton had fallen from the wall. When detectives asked Murray why he had moved Dalton, Murray responded that he could not afford another DUS charge. After Detective Mills advised Murray that he “suspected that he and Dalton got into some sort of altercation that led to Dalton’s death,” Murray “became irate and stated that he wanted a lawyer.” At that time, police arrested Murray for tampering with evidence and reckless homicide.

[189]*189{¶ 10} Murray was indicted on one count of tampering with evidence and waived his right to a jury trial, electing instead to have his case heard by the bench. As stated, Murray and the state submitted a stipulation of facts and then offered closing arguments without the bench hearing from a single witness on either party’s behalf. Though not stipulated, the parties made several references during closing arguments to the fact that Dalton had died. However, the court never heard any evidence regarding the cause of death.

{¶ 11} The trial court found Murray guilty and sentenced him to a three-year prison term and postrelease control. Murray now appeals his conviction and sentence, raising the following assignments of error. Because Murray’s assertions are interrelated, and for ease of discussion, we will discuss the assignments together.

{¶ 12} Assignment of error No. 1:

{¶ 13} “The trial court erred in entering a finding of guilty to tampering with evidence as the evidence was legally insufficient to sustain such conviction.”

{¶ 14} Assignment of error No. 2:

{¶ 15} “The trial court erred in entering a finding of guilty to tampering with evidence because such verdict was against the manifest weight of the evidence.”

{¶ 16} In his assignments of error, Murray asserts that his conviction was against the manifest weight and sufficiency of the evidence. We find Murray’s argument meritorious.

{¶ 17} When reviewing the sufficiency of the evidence underlying a criminal conviction, an appellate court examines the evidence in order to determine whether that evidence, if believed, would support a conviction. State v. Wilson, Warren App. No. CA2006-01-007, 2007-Ohio-2298, 2007 WL 1394631. The relevant inquiry becomes “whether, after viewing the evidence in a light most favorable to the prosecution, any reasonable trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt.” State v. Jenks (1991), 61 Ohio St.3d 259, 574 N.E.2d 492, paragraph two of the syllabus.

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Related

State v. McCullough, 12-07-09 (6-23-2008)
2008 Ohio 3055 (Ohio Court of Appeals, 2008)
State v. Mann, Unpublished Decision (4-2-2007)
2007 Ohio 1555 (Ohio Court of Appeals, 2007)
State v. Wilson, Ca2006-01-007 (5-14-2007)
2007 Ohio 2298 (Ohio Court of Appeals, 2007)
State v. Jenks
574 N.E.2d 492 (Ohio Supreme Court, 1991)
State v. Garner
656 N.E.2d 623 (Ohio Supreme Court, 1995)

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Bluebook (online)
927 N.E.2d 24, 186 Ohio App. 3d 185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-murray-ohioctapp-2009.