Court of Appeals of Ohio, Fifth District, Richland
Appeal from the Court of Common Pleas, Case No. 16 CR 0030
Plaintiff-AppelleeBAMBI COUCH PAGE DANIEL M. ROGERS
Mansfield, ASSISTANT PROSECUTOR
Defendant-Appellant DALE M. MUSILLI PROSECUTING ATTORNEY
Patricia A. Delaney, P. J. Hon. John W. Wise, J. Hon. Earle
E. Wise, Jr., J.
Appellant DeWayne Maxwell appeals his conviction on one count
of breaking and entering following a jury trial.
Appellee is State of Ohio.
OF THE FACTS AND CASE
On May 16, 2015 at approximately 2:00 a.m., Vector Alarm
Company advised Mansfield Police Department (hereinafter
"MPD") of a break-in at Crowes Shoes at 56 N. Main
Street, Mansfield, Ohio, after someone set off the alarm
there by unlocking and opening the front door. (T. at 140,
Responding to the call were MPD Officers Gillis, Rietschlin,
and Butler, who observed the window of the front door broken,
the front door unlocked, and both sides of the front door
covered in blood. (T. at 138-144, 154-159, 164-168). The
officers also discovered a blood-soaked napkin on the
sidewalk in front of Crowes Shoes and observed blood on the
floor and around the lock inside of Crowes Shoes.
Id. Officer Rietschlin photographed the scene,
swabbed the blood from the broken glass, collected the
blood-soaked napkin from the sidewalk, and submitted the swab
and the blood-soaked napkin to the MPD Crime Lab for testing.
(T. at 143, 156-160, 186, 187, 218).
The officers contacted Jeffrey Deliandes, the owner of Crowes
Shoes, who walked the officers through the store and advised
them that nothing appeared to be missing or out of place. (T.
On June 29, 2015, Dawn Fryback, a DNA expert with the MPD
Crime Lab, issued a report regarding the swab of the blood
from the broken glass. (T. at 175-177, 185-187, 200, 218).
Ms. Fryback's report indicated that the profile from the
blood on the broken glass was similar to a previously
obtained profile from Appellant DeWayne Maxwell. (T. at
188-190, 218). Ms. Fryback requested that MPD obtain a buccal
swab or blood sample from Appellant to confirm the match. (T.
at 169, 191, 218). Pursuant to Ms. Fryback's request, MPD
Detective Bushong contacted Appellant, who denied breaking
into Crowes Shoes, stated that there would be no reason for
his DNA to be at the scene, and submitted a buccal swab. (T.
at 168- 171). Detective Bushong submitted Appellant's
buccal swab to the MPD Crime Lab. (T. at 171).
On November 20, 2015, Dawn Fryback issued a report regarding
her analysis of Appellant's buccal swab compared to the
swab of the blood from the broken glass at Crowes Shoes,
confirming Appellant as the source of the blood recovered
from the broken glass "to a reasonable degree of
scientific certainty." (T. at 191-193, 218). Ms.
Fryback's report indicated that the odds of someone other
than Appellant being the source of the blood on the broken
glass were one (1) in 7.182 quintillion. Id.
On January 14, 2016, a Richland County Grand Jury indicted
Appellant on one count of Breaking and Entering, a
fifth-degree felony pursuant to R.C. §2911.13(A), based