State v. Schooler

118 N.E.3d 467, 2018 Ohio 3295
CourtCourt of Appeals of Ohio, Second District, Montgomery County
DecidedAugust 17, 2018
DocketNo. 27670
StatusPublished
Cited by4 cases

This text of 118 N.E.3d 467 (State v. Schooler) is published on Counsel Stack Legal Research, covering Court of Appeals of Ohio, Second District, Montgomery County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Schooler, 118 N.E.3d 467, 2018 Ohio 3295 (Ohio Super. Ct. 2018).

Opinion

FROELICH, J.

{¶ 1} Daniel G. Schooler appeals from a judgment of the Montgomery County Common Pleas Court that sentenced him to a total of 31 years to life imprisonment on convictions for one count of purposeful murder, two counts of murder (proximate cause), and two counts of felonious assault, each with firearm and repeat violent offender specifications, together with two counts of having weapons under disability. For the reasons that follow, the judgment of the trial court will be affirmed.

Factual Background and Procedural History

{¶ 2} During a Sunday morning worship service on February 28, 2016, Daniel Schooler ("Schooler") entered St. Peter's Missionary Baptist Church in Dayton, Ohio, and took a seat in the church sanctuary. The pastor on that date was Schooler's older brother, 70-year-old William Schooler ("William"). After finishing a prayer before the congregation, William left the sanctuary to prepare for his sermon while the choir sang. Soon thereafter, Daniel Schooler followed his brother into the pastor's office behind the sanctuary.

{¶ 3} Moments later, two or three gunshots rang out and most of the congregation fled the building, but William's wife, Helen Schooler, ran into the pastor's office.

*470Mrs. Schooler could not see her husband, but she saw his desk chair overturned behind his desk and Daniel Schooler "standing at the side of [that] desk" with a gun "pointed down" toward the floor behind the desk. When she asked Schooler to allow her to go to her husband, "he just said something about [William] shouldn't have lied." She then witnessed Schooler fire toward the floor behind the desk. At that point, Mrs. Schooler went to a different office and dialed 911.

{¶ 4} In response to 911 calls about a shooting, two Dayton police officers arrived and entered the church through a rear door. Officer Kevin Johnson ("K. Johnson") immediately turned left into the sanctuary, where he saw Daniel Schooler seated in a chair, with both hands resting on top of his cane. Officer K. Johnson asked, "Where's the shooter?" Schooler calmly responded, "I'm the shooter." Asked the location of the gun, Schooler gestured toward the pastor's office and answered, "It's in there."

{¶ 5} Meanwhile, Officer K. Johnson's partner, Officer Robert Clingner, had turned right, into the hallway and office area of the church. When a third police officer, Officer Josh Johnson, arrived, he and Officer Clingner searched that portion of the building. Inside the pastor's office, Officer Clingner located William Schooler, who was dead. According to Officer Clingner, William's "legs and torso were pretty much underneath his desk like he had fallen out of the chair under his desk." A handgun was on the desk, with the magazine or clip removed and resting atop the desk.

{¶ 6} Officer Clingner then joined Officer K. Johnson in the sanctuary, where Officer Clingner conducted a pat down of Daniel Schooler while Officer K. Johnson placed him in handcuffs. Inside Schooler's jacket pocket, Officer Clingner found a pill bottle containing five rounds of ammunition.

{¶ 7} At that time, Officer K. Johnson saw Helen Schooler in the sanctuary, crying and "in shock." He took her outside, where she told him that an "ongoing dispute" had existed "for years" between her husband, William, and his brother Daniel. At trial, Mrs. Schooler described the relationship between her husband and Schooler as "tense" in recent years, after Schooler "sued the church."

{¶ 8} Witness Willie Bowman, a nephew of both William Schooler and Daniel Schooler, testified that he was standing with William in the driveway of William's home in the summer of 2015 when Daniel Schooler slowed down in a passing car, said "I'm going to kill you" to William, and drove away.

{¶ 9} Crime scene investigator John Malott of the Dayton police department testified that he was called to process the scene at St. Peter's Missionary Baptist. William Schooler's body, with "obvious bullet wounds," still was on the floor behind his office desk when CSI Malott arrived. Malott described the pastor's office as being approximately 12 feet by 12 feet and "well lived in," containing a couch, desk, desk chair, other chairs, bookshelves, boxes of books, "a couple of tables," and a television. William's desk "appeared to have been moved" and the desk chair had been placed on the couch, presumably to make room for paramedics who had attended to William before Malott arrived. On the desk was an empty Kel-Tech .380 caliber semi-automatic pistol, alongside an empty clip. The .380 caliber ammunition taken from Daniel Schooler's pocket matched the caliber of that handgun. A search of the office revealed two spent bullets and four spent casings, but no other *471gun or other items that could have been used as a weapon.

{¶ 10} Chris Monturo, a forensic firearm and tool mark examiner with the Miami Valley Regional Crime Laboratory, testified as an expert witness in the area of firearm identification. Monturo testified that the spent bullets and casings recovered from the pastor's office, as well as three bullets recovered from William Schooler's body by the coroner's office, were fired from the Kel-Tech .380 caliber semi-automatic handgun found at the crime scene.

{¶ 11} Montgomery County Chief Deputy Coroner Lee Lehman testified as an expert in forensic pathology about the results of the autopsy he performed on William Schooler. Using photographs from the autopsy, Dr. Lehman identified four gunshot entrance wounds on William's body. One was "on his left arm just above the elbow," one was "on his lower abdomen in the region of his belly button," one was "by his left hip," and one was "on his left shoulder." Only the arm wound had a corresponding exit wound ; three bullets remained inside the body.

{¶ 12} Dr. Lehman said that the bullet which entered William's arm traveled "from his left side to his right side and ... from the back of his arm toward the front of his arm." The bullet that entered William's left shoulder "went to the left side of his chest[;] * * * bruised his left lung; went across the center of his chest through his esophagus, through his right lung, and into the right side of the chest." The bullet that caused the wound on William's abdomen "passe[d] under the skin without entering the abdomen or entering the chest," lodging under the skin on the right side of William's chest.

{¶ 13} The remaining bullet, which entered above William's left hip, "passe[d] through the abdomen[,] through * * * the small bowel - the tissue that contains the blood vessels and supports the bowel[,] through the aorta and then into the right side of the abdomen or just above the hip," where it came to rest beneath the skin. The aortic injury would have been fatal in "[m]inutes." Dr. Lehman opined that William Schooler "died of multiple gunshot wounds," and that his death was a homicide.

{¶ 14} Daniel Schooler was the only defense witness. He told the jury that he was one of 13 children of the man who founded St. Peter's Missionary Baptist Church. According to Schooler, his mother inherited the church real estate and other assets when his father died. When his mother died in about 1990, his brother William became the executor of her estate. Schooler asserted that William and two other Schooler brothers mishandled the estate and kept assets for themselves that should have belonged to all the surviving family members. He said he went to St.

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Cite This Page — Counsel Stack

Bluebook (online)
118 N.E.3d 467, 2018 Ohio 3295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-schooler-ohctapp2montgom-2018.