Court of Appeals of Ohio, Fifth District, Muskingum
Appeal from the Court of Common Pleas, Case No. CR2015-0325
Plaintiff-Appellee D. MICHAEL HADDOX PROSECUTING ATTORNEY
GERALD V. ANDERSON II ASSISTANT PROSECUTOR.
Defendant-Appellee DAVID A. SAMS.
W. Scott Gwin, P. J. Hon. John W. Wise, J. Hon. Craig R.
Appellant Nicholas Hale, Jr. appeals his sentence entered in
the Muskingum County Court of Common Pleas following a jury
trial and a finding of guilty on 15 felonies and 13 gun
Appellee is the State of Ohio.
OF THE FACTS AND CASE
On October 7, 2015, Appellant, Nicholas Hale, was indicted on
the following charges:
Count 1- Aggravated Burglary (F1) w/ gun specification
Count 2 - Felonious Assault (F2) w/gun specification
Count 3 - Felonious Assault (F2) w/gun specification
Count 4 - Discharging Firearm into Habitation (F2)
Count 5 - Kidnapping w/firearm specification (F1)
Count 6 - Kidnapping w/firearm specification (F1)
Count 7 - Kidnapping w/firearm specification (F1)
Count 8 - Kidnapping w/firearm specification (F1)
Count 9 - Kidnapping w/firearm specification (F1)
Count 10 - Kidnapping w/firearm specification (F1)
Count 11- Felonious Assault w/firearm specification (F2)
Count 12- Felonious Assault w/firearm specification (F2)
Count 13 - Aggravated Burglary w/firearm specification (F1)
Count 14 - Aggravated Robbery w/firearm specification (F1)
Count 15 - Having Weapons Under Disability (F3)
These charges stem from events which took place on October
27, 2015, October 28th and October 29th, 2015: The relevant
facts are as follows:
Counts 1, 2, and 3 involved the burglary of the home of Cody
Cain on October 27, 2015. During the burglary, Appellant
assaulted Cain, striking him about the head and face with the
butt of Appellant's gun.
On October 28, 2015, Appellant and Cody Cain's argument
over drug money continued, and Appellant shot at Cain while
he was in the street. Appellant's shot missed Cain, and
instead hit the residence of Crystal Krause. (Count 4)
The remaining counts arose from events which occurred on the
following day, October 29, 2015, when Appellant invaded the
home of Tammy Zumbro and demanded money allegedly owed to him
for drugs. James Kirby was also in the home and Appellant
assaulted Ms. Zumbro with his gun, knocking out 4 of her
teeth, and struck both she and Mr. Kirby with a 2x4 piece of
wood while holding them both hostage.
Hours later, Susan Dupler, another resident, returned home
and found the house locked. After being let in, Appellant
grabbed Ms. Dupler, put a gun to her head and threatened to
kill her. All three victims were held hostage for hours.
Appellant locked Ms. Zumbro and Mr. Kirby in a laundry room
and took a nap. While Appellant was asleep, Ms. Dupler
retreated to a back bedroom and snuck out a window, ran to a
neighboring house and called the police. Appellant continued
this hostage situation for a few more hours while in a
standoff with the police. Eventually, Appellant allowed Ms.
Zumbro and Mr. Kirby to ...