Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Elkins

Court of Appeals of Ohio, Eleventh District, Trumbull

May 8, 2017

STATE OF OHIO, Plaintiff-Appellee,
v.
ALLEN LEE ELKINS, IV, Defendant-Appellant.

          Criminal Appeal from the Trumbull County Court of Common Pleas, Case No. 2014 CR 00528.

          Dennis Watkins, Trumbull County Prosecutor, and LuWayne Annos, Assistant Prosecutor, For Plaintiff-Appellee.

          Michael A. Partlow, For Defendant-Appellant.

          OPINION

          THOMAS R. WRIGHT, J.

         {¶1} Appellant, Allen L. Elkins, IV, appeals his multiple convictions following a jury trial. For the following reasons, we affirm.

         {¶2} On June 21, 2014, Elkins and two others broke into a home in Warren, Ohio at approximately 1:00 a.m. One of the four residents home at the time, Kyle Snowden, went to the kitchen to get some Kool-Aid and saw the backdoor open as well as all three intruders holding guns. One intruder then shot one of the resident's dogs between the eyes. Another of the three men fired a gun toward Kyle, but missed, and Kyle ran away.

         {¶3} Eric McKnight and Joy Biehl were in the basement, Eric's room. Joy shared the attic bedroom with her boyfriend Zach, who was not home. Eric heard a gunshot and upon seeing his bloody dog, turned the basement lights off and grabbed his gun. Eric heard someone yelling "Where's Zach at?"

         {¶4} The intruders entered the living room on the main floor where Kyle and Seth Fletcher had been playing videogames and smoking marijuana before Kyle went to get a drink. Seth described hearing one of the intruders asking "where's the pounds of loud?", slang for high quality marijuana. And when Seth told them he did not have that, one of the intruders punched him in the face, pistol whipped him, and dragged him into the kitchen where he was pistol whipped in the face by another intruder.

         {¶5} Seth then heard the intruders arguing about which one of them was going to go downstairs out of fear that the dog was still alive. Elkins then forced Seth down the basement stairs in front of him while holding a gun to Seth's head. Seth testified that the basement was pitch black except for the snake tank light and the light coming down the stairs from the back porch light. The intruders kept asking for "pounds of loud" and Zach. Later that same morning, Seth identified Elkins in a photo lineup as the man who pistol whipped him, forced him downstairs at gunpoint, and shoved him into a table. Seth also identified Elkins during trial.

         {¶6} Joy recalls hearing the backdoor getting kicked in. She heard a gunshot and the dog yelping and then recalls "freaking out" and turning off lights in the basement. She heard more gunshots before anyone came downstairs. She recalls Elkins coming down the stairs alone at first, but then he came down again using Seth as a shield. Elkins was searching for something.

         {¶7} Upon reaching the bottom of the steps or very near to the bottom of the stairs, Elkins shoved Seth into a table breaking it. A gun battle between Elkins and Eric ensued. Joy testified that Elkins fired his gun first while Eric was searching for his gun, and that Eric shot back. Elkins shot Eric in the calf.

         {¶8} Eric fired multiple shots and hit Elkins once in each leg. Elkins' friend or friends then came to the basement and helped him up the stairs and out the back door. The testimony is unclear as to whether one or both of his accomplices came to the basement to aid Elkins. Eric recalls only being able to see shadows. Both Eric and Joy recall Elkins wearing a fishing or safari-type hat.

         {¶9} A neighbor testified to hearing loud noises from his open bedroom window. When he looked outside, he saw a red car driving down the street.

         {¶10} Seth and Joy called 911 from the basement. Eric went upstairs, exited the backdoor, and laid on the sidewalk bleeding. The police arrived a short time later. Eric was immediately taken to a local hospital. Joy went upstairs and found Kyle hiding in her attic bedroom with her dog.

         {¶11} Eric was questioned in the emergency room. Elkins was in the emergency department at another local hospital suffering from two gunshot wounds. The hospital security footage shows Elkins being wheeled into the entrance by a man covering his face and exiting a red car. Elkins' accomplices were not identified or charged.

          {¶12} Detective Marsico of the Warren City Police Department went to Elkins' emergency room that morning and introduced himself. Elkins immediately said something to the effect that he would own up to what he had done that night.

         {¶13} At trial, defense counsel asserted in his opening statement and closing argument that the victims were lying and that they ambushed Elkins in an attempt to rob him of his drug buy money.

         {¶14} Elkins testified that he was Seth's heroin dealer for a few months before this, and that Seth offered to sell him two pounds of really good marijuana at a good price that night. He said Seth lied when he denied knowing him. Elkins explained that he went to the home to buy the marijuana. And upon entering the basement, he was counting out his money when he claims that Seth pulled a gun on him.

         {¶15} Elkins testified that he and Seth wrestled for the gun when it discharged and hit Eric. Eric then returned fire and shot Elkins twice before his friends, who had been waiting outside, came down to get him and drive him to the hospital.

         {¶16} Elkins was convicted of aggravated burglary with a firearm specification and repeat violent offender specification; aggravated burglary with a firearm specification and repeat violent offender specification; felonious assault with a firearm specification and repeat violent offender specification; kidnapping with a firearm specification and repeat violent offender specification; and aggravated robbery with a firearm specification and repeat violent offender specification. He was found not guilty of two counts of felonious assault and the attendant specifications. He was sentenced to a total aggregate term of 54 years. Elkins raises four assignments of error:

          {¶17} "The trial court erred, as a matter of law, by denying appellant's motion to dismiss based upon his speedy trial rights being violated.

         {¶18} "The trial court erred as a matter of law by failing to grant the appellant's motion to suppress statements allegedly made by appellant to a police officer while appellant was in the hospital.

         {¶19} "The appellant received ineffective assistance of trial counsel.

         {¶20} "Appellant's convictions are against the manifest weight of the evidence."

         {¶21} First Elkins argues the trial court was required to dismiss the charges against him since it violated his speedy trial rights by failing to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.