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State of Ohio v. Dorian Simpson

September 29, 2011

STATE OF OHIO PLAINTIFF-APPELLEE
v.
DORIAN SIMPSON DEFENDANT-APPELLANT



Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-523690

The opinion of the court was delivered by: Sean C. Gallagher, P.J.

Cite as State v. Simpson,

JOURNAL ENTRY AND OPINION

JUDGMENT:

AFFIRMED

BEFORE: S. Gallagher, P.J., Keough, J., and E. Gallagher, J.

{¶1} Appellant, Dorian Simpson, appeals his conviction in the Cuyahoga County Court of Common Pleas for aggravated murder, murder, aggravated robbery, and receiving stolen property, all with one- and three-year firearm specifications. For the reasons stated herein, we affirm.

{¶2} The charges in this case arose from incidents that occurred on November 29, 2008, which included the murder of Johnnie Boyd. Appellant, who was 16 years old at the time of the offenses, was charged as a juvenile and was bound over to the court of common pleas to be tried as an adult. He pled not guilty to the indicted charges and waived a jury trial.

{¶3} At the bench trial, testimony was presented concerning the events that transpired. On the evening of the murder, Jerry Brown, Dennis Hutcherson, and appellant were riding around on bikes and were looking for a car to steal. They came across a red Dodge Caravan. Appellant "peeled the window," Brown "peeled the column," and they started the vehicle. The trio picked up Dominick Kilgore, and the four men drove around looking for another car to steal. With appellant driving the van, the group went to an apartment complex located at 5111 Hector Avenue in Cleveland. The victim was working as a security guard at the apartment complex.

{¶4} The four men spotted the victim's 1985 Cutlass with prominent rims in the parking lot. After discovering they could not peel the column, the group went to obtain a gun. The plan was to rob the victim and to take his keys for the vehicle. When they returned to the apartment complex, the victim approached the van to inquire about their presence on the property. The group indicated they were waiting for somebody. The victim returned to the building and began talking with Peter Bush, an armed security officer, who was visiting a friend at the apartment complex.

{¶5} The victim returned to the parking lot, and appellant pulled the van up to the victim. As the victim started to run, Kilgore opened the side door and fired three shots at the victim. The third shot struck the victim in the head, killing him.

{¶6} Kilgore and Brown exited the van, obtained the victim's keys, and drove off in the victim's car. Appellant and Hutcherson left the scene in the van. After discovering they could not take the rims off the car without a special tool, they parked the car in an abandoned garage. It was then stolen from the garage by other individuals.

{¶7} Police detectives were able to discover the identity of the four individuals involved in the murder. Appellant turned himself in to the police and was accompanied by his father. He gave a verbal and a written statement, with his father present. Appellant admitted the following: helping to open the window to the stolen van; joyriding and looking for another car to steal; driving to pick up the gun and to the crime scene; knowing Kilgore was going to rob the victim for his keys; pulling out in front of the victim; knowing the victim was shot in the head and his keys were obtained; and driving away in the van after the victim was shot.

{ΒΆ8} The trial court found appellant guilty of murder (R.C. 2903.02), aggravated murder (R.C. 2903.01(B)), aggravated robbery (R.C. 2911.01(A)(1)), and receiving stolen property (R.C. 2913.51(A)), all with one- and three-year firearm specifications. The court sentenced appellant to life in prison with the possibility ...


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