State v. Stefanko

CourtOhio Court of Appeals
DecidedMarch 31, 2026
Docket31056
StatusPublished

This text of State v. Stefanko (State v. Stefanko) 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. Stefanko, (Ohio Ct. App. 2026).

Opinion

[Cite as State v. Stefanko, 2026-Ohio-1143.]

STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT )

STATE OF OHIO C.A. No. 31056

Appellee

v. APPEAL FROM JUDGMENT ENTERED IN THE ERICA STEFANKO COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO Appellant CASE No. CR-2012-07-1887-B

DECISION AND JOURNAL ENTRY

Dated: March 31, 2026

CARR, Presiding Judge.

{¶1} Defendant-Appellant Erica Stefanko appeals the judgment of the Summit County

Court of Common Pleas. This Court affirms.

I.

{¶2} On the evening of June 20, 2012, A.B. was working as a pizza delivery driver at a

local Domino’s. Shortly before midnight, a female called in and ordered a pizza to be delivered

to the back door of a nearby business. At the time, only A.B. and the manager were working.

After the pizza was ready, A.B. left to deliver it. When A.B. did not return as expected, the

manager drove out to the delivery address to try to find her. The manager pulled in the parking lot

of the closed business and saw what appeared to be a puddle of blood. The manager left the

parking lot and called the police on his way back to the store. The manager also called A.B.’s

girlfriend, B.D., who met the manager at the shop. 2

{¶3} When the police arrived, B.D. told police that A.B. was in a custody dispute with

Chad Cobb, who was the father of A.B.’s daughter, G.C. Police were also dispatched to the

location of the pizza delivery. The parking lot was empty, but police observed blood and signs of

a struggle. Police then began searching for A.B.’s vehicle. One officer proceeded to Cobb’s

grandparents’ home. At the rear of the property, behind a detached garage, the officer discovered

a running Lincoln Navigator. No one was in the driver’s seat. A woman, later identified as

Stefanko, who was, at the time, married to Cobb, was in the passenger seat, and four small children

were in the rear of the vehicle. The vehicle was registered to Cobb. Stefanko appeared calm and

claimed not to know what was going on. The officer then heard what sounded like heavy footsteps

in the nearby woods. When backup arrived, police discovered Cobb crouching behind a tree in

the wooded area. Cobb was then taken into custody.

{¶4} Later that morning, a woman in Wayne County noticed what appeared to be a

vehicle in the back of a nearby field that had been planted with corn. The woman thought this was

odd and called the sheriff’s department. When police came out, they discovered A.B.’s car. A.B.

was found deceased in the back of the vehicle. She had a zip tie secured around her neck and had

various other injuries. Ultimately, it was determined that her cause of death was strangulation.

{¶5} Cobb’s and Stefanko’s property was searched and items police believed were used

in the attack and murder of A.B. were found there. The items included men’s camouflage clothing,

some pieces which had potential blood staining, zip ties which were three to four feet long, a Taser-

like device, a diving knife, duct tape, and gloves with hardened knuckles.

{¶6} Cobb was indicted on multiple felony counts related to the death of A.B., including

aggravated murder. Death penalty specifications accompanied some of the charges. In exchange 3

for the removal of the death penalty specifications, Cobb pleaded guilty. He was sentenced to life

in prison without the possibility of parole.

{¶7} Years later, after a recording between Cobb’s mother and Stefanko came to the

attention of authorities and an additional witness came forward, Stefanko was charged with

multiple felonies, included aggravated murder, in connection with the death of A.B. Several

charges were later dismissed. A jury found Stefanko guilty of one count of aggravated murder and

one count of murder. Stefanko was sentenced to life in prison with parole eligibility after 30 years.

{¶8} Stefanko appealed, and this Court reversed the judgment of the trial court

concluding that the trial court violated her right to confront witnesses when Cobb was allowed to

testify remotely due to the COVID-19 pandemic. State v. Stefanko, 2022-Ohio-2569, ¶ 34 (9th

Dist.).

{¶9} In January 2024, the matter proceeded to a second jury trial. The jury was

instructed as to complicity via aiding and abetting. The jury again found Stefanko guilty of

aggravated murder and murder. She was sentenced to life in prison with the possibility of parole

after 30 years.

{¶10} Stefanko has appealed, raising a single assignment of error for our review.

II.

ASSIGNMENT OF ERROR

THE VERDICT IS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE.

{¶11} In her sole assignment of error, Stefanko argues that the findings of guilt are against

the manifest weight of the evidence. Stefanko asserts that only Cobb’s statements at trial directly

implicate her in the murder of A.B. and Cobb denied killing A.B. Thus, according to Stefanko,

Stefanko could not be found to be an accomplice in A.B.’s murder. Stefanko asserts that her 4

statements to Cobb’s mother on the audio recording are “equivocal at best.” She further notes that

there was no DNA evidence to connect her to the crimes.

In determining whether a criminal conviction is against the manifest weight of the evidence, an appellate court must review the entire record, weigh the evidence and all reasonable inferences, consider the credibility of witnesses and determine whether, in resolving 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. Otten, 33 Ohio App.3d 339, 340 (9th Dist. 1986). An appellate court should exercise the

power to reverse a judgment as against the manifest weight of the evidence only in exceptional

cases. Id. “We are mindful that the jury is free to believe all, part, or none of the testimony of

each witness. This Court will not overturn a conviction on a manifest weight challenge only

because the jury found the testimony of certain witnesses to be credible.” (Internal quotations and

citations omitted.) State v. Carter, 2024-Ohio-5295, ¶ 22 (9th Dist.).

{¶12} R.C. 2903.01(A) provides that “[n]o person shall purposely, and with prior

calculation and design, cause the death of another . . . .” “The phrase ‘prior calculation and design’

by its own terms suggests advance reasoning to formulate the purpose to kill.” State v. Roberts,

2025-Ohio-5120, ¶ 144, quoting State v. Walker, 2016-Ohio-8295, ¶ 18. “The question is whether

[the] defendant acted with advance reasoning and purpose to kill.” (Internal quotations and

citations omitted.) Roberts at ¶ 146. “And when the evidence presented at trial reveals the

presence of sufficient time and opportunity for the planning of an act of homicide to constitute

prior calculation, and the circumstances surrounding the homicide show a scheme designed to

implement the calculated decision to kill, a finding by the trier of fact of prior calculation and

design is justified.” (Internal quotations and citations omitted.) Id.

[T]here are three pertinent considerations in determining whether prior calculation and design exist: (1) Did the accused and victim know each other, and if so, was that relationship strained? (2) Did the accused give thought or preparation to 5

choosing the murder weapon or murder site? and (3) Was the act drawn out or an almost instantaneous eruption of events?

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Related

State v. Otten
515 N.E.2d 1009 (Ohio Court of Appeals, 1986)
State v. Walker (Slip Opinion)
2016 Ohio 8295 (Ohio Supreme Court, 2016)
State v. Suggs
2024 Ohio 1961 (Ohio Court of Appeals, 2024)
State v. Carter
2024 Ohio 5295 (Ohio Court of Appeals, 2024)
State v. Roberts
2025 Ohio 5120 (Ohio Supreme Court, 2025)

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Bluebook (online)
State v. Stefanko, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-stefanko-ohioctapp-2026.