State v. Thomas (Slip Opinion)

2017 Ohio 8011, 92 N.E.3d 821, 152 Ohio St. 3d 15
CourtOhio Supreme Court
DecidedOctober 4, 2017
Docket2015-2026
StatusPublished
Cited by84 cases

This text of 2017 Ohio 8011 (State v. Thomas (Slip Opinion)) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Thomas (Slip Opinion), 2017 Ohio 8011, 92 N.E.3d 821, 152 Ohio St. 3d 15 (Ohio 2017).

Opinions

O'Donnell, J.

*15*823{¶ 1} Joseph L. Thomas appeals from his aggravated-murder and other felony convictions and the death sentence imposed in connection with the 2010 aggravated murder of Annie M. McSween, and he presents 24 propositions of law for our consideration. Because the tenth proposition of law-involving the admission of irrelevant, prejudicial evidence-is well taken, we reverse the convictions and sentence and remand this matter to the trial court for a new trial.

Factual and Procedural History

{¶ 2} On November 25, 2010, Thanksgiving Day, McSween was working as a bartender at Mario's Lakeway Lounge in Mentor-on-the-Lake, located on Andrews Road on a block bordered by Lakeshore Boulevard to the north and Park Street to the east in Lake County, Ohio. Patrons Matthew Miller and Thomas played pool there that evening, and Miller saw that Thomas wore a pocketknife clipped to his jeans. Other witnesses observed that Thomas was upset with his girlfriend, Linda Roncalli, because her van had broken down and she did not meet him for a Thanksgiving dinner that he had prepared, and from her text messages, Thomas thought she had broken up with him. As the night progressed, Thomas asked McSween and another woman to dance, but they both declined; later, at closing time, McSween had to ask him several times to leave the bar. After the bar's owner promised him more beer the next day, Thomas left without incident.

{¶ 3} The bar's owner left about 2:30 a.m., and only two people remained in the bar: McSween and Chalina Bolden, a woman who was asleep on a futon in the office. On nights when she closed the bar, McSween would return home around 4:00 a.m.

{¶ 4} Between 3:50 and 4:00 a.m. that morning, Mark McCool, who lived within 50 yards of the bar on Park Street, was smoking at an open window in his home *16when he heard a woman's scream coming from near the bar. He went outside, walked north along Park Street, and looked toward the bar's parking lot, but he did not see or hear anything else.

{¶ 5} Margaret Huelsman and Brian Williams were watching a movie in a house on Park Street that is adjacent to the bar's parking lot when around 4:20 or 4:30 a.m. they heard thuds along the north wall and the front door began to open. Assuming that someone was trying to break into the house, Huelsman shut and locked the door, and Williams pulled a small knife from his belt buckle, looked out the front door window, and asked Huelsman whether she knew a "guy with long hair." (Thomas did not have long hair at the time, and McSween's hair was about shoulder length.) A short time later, Williams walked outside, and when he returned, he told Huelsman that he had not seen anyone.

{¶ 6} Patrolman Scott Daubenmire pulled into the bar's parking lot around 4:30 a.m. for a routine business check. He drove to the back, shining his lights along the building and on boats being stored on an adjacent property, but he did not see anything unusual except for a flat tire on a vehicle.

{¶ 7} Between 5:00 and 5:30 a.m., Robert Jenkins, who lived on Marine Parkway about a half mile from the bar, was awakened by a flashing light on his second-story bedroom wall. He initially thought it was lightning, but when he looked out his window, he saw the silhouette of a tall, thin Caucasian man with short hair standing over a fire in a barrel behind the home of Jenkins's next-door neighbor, Susan Gorsha. Joseph Thomas and Tim Miller, who *824both lived in Gorsha's house at that time, matched that description.

{¶ 8} Shortly after 8:40 a.m., the owner of a business adjacent to the bar discovered McSween's body, naked except for a pair of socks, in a wooded lot about 150 feet northeast of the bar. Investigators found McSween's car in the bar's parking lot with a slashed tire, her left shoe wedged between the driver's-side front tire and the wheel well, and her keychain on the ground near the tire. They found small amounts of blood on the inside frame of the driver's door, the outside of the driver's-side rear door, and the interior window of the driver's-side rear door. They also found McSween's eyeglasses on the ground 15 to 20 feet from the car.

{¶ 9} About 92 feet northeast of McSween's car, near an excavator stored on the property, investigators discovered McSween's right shoe, her underwear, and a bracelet on the ground. There was a small amount of blood on the excavator's bucket, two large bloodstains on the ground, and a trail of blood leading toward the Park Street house adjacent to the bar's parking lot. Investigators observed bloodstains on the windows, siding, and front door of that house and a pool of blood on the front stoop. They also saw drag marks leading from the front stoop *17through the gravel driveway and into the grass toward the area where McSween's body was found.

{¶ 10} Investigators collected three partial footprint impressions from the area near McSween's car but did not retrieve any useful DNA or fingerprints from the crime scene. DNA tests showed that all blood recovered from the scene-from the house, the ground, the excavator, and McSween's car-belonged to McSween.

{¶ 11} Two other vehicles parked near the bar had slashed tires, but investigators found no identifiable fingerprints on either vehicle. In addition, the cable and telephone lines to the bar and the thermostat wires running to an air-conditioning unit had been cut on the rear roof of the bar, and the covers of two boats being stored next to the bar parking lot had been cut open. Although investigators found a latent fingerprint inside one of the boats, the record does not reveal that it was analyzed. Patrolman Daubenmire saw footprints inside the boats, but he believed they belonged to another officer who had entered the boats at the crime scene.

{¶ 12} On the afternoon following the murder, a Mentor-on-the-Lake resident found McSween's cell phone in her driveway on the north side of Lakeshore Boulevard, east of Andrews Road. The back of the phone and the battery were missing, and the screen was cracked.

{¶ 13} An autopsy on McSween's body performed by Dr. Daniel Galita revealed that she died between 4:00 and 4:30 a.m. from blood loss caused by a stab wound to her neck that severed her right carotid artery and right jugular vein. McSween's hyoid bone in her neck was fractured, consistent with manual strangulation, and she had at least five nonlethal cut wounds to the front of her neck. She had been punched in the face, breaking her upper jaw bone and caving in her face, her nose and dentures were broken, and the bridge of her nose had been cut with a knife. She had defensive wounds on her hands and evidence of blunt impacts to her torso and extremities, including a rib fracture, and she had brain hemorrhaging from her head hitting a hard surface. Contusions and linear abrasions appeared on her hips, face, torso, and extremities, consistent with having been dragged over a rough surface. She had been forcefully penetrated, both vaginally and anally, by a penis or smooth cylindrical object, but no semen or sperm was found. The autopsy further revealed *825

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Cite This Page — Counsel Stack

Bluebook (online)
2017 Ohio 8011, 92 N.E.3d 821, 152 Ohio St. 3d 15, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-thomas-slip-opinion-ohio-2017.