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State v. Hale

Court of Appeals of Ohio, Fifth District, Muskingum

May 16, 2017

STATE OF OHIO Plaintiff-Appellee
v.
NICHOLAS A. HALE Defendant-Appellant

         Criminal Appeal from the Court of Common Pleas, Case No. CR2015-0325

         Affirmed.

          For Plaintiff-Appellee D. MICHAEL HADDOX PROSECUTING ATTORNEY GERALD V. ANDERSON II ASSISTANT PROSECUTOR.

          For Defendant-Appellee DAVID A. SAMS.

          Hon. W. Scott Gwin, P. J. Hon. John W. Wise, J. Hon. Craig R. Baldwin, J.

          OPINION

          Wise, John, J.

         {¶1} 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 specifications.

         {¶2} Appellee is the State of Ohio.

         STATEMENTS OF THE FACTS AND CASE

         {¶3} 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)

         {¶4} These charges stem from events which took place on October 27, 2015, October 28th and October 29th, 2015: The relevant facts are as follows:

         {¶5} 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.

         {¶6} 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)

         {¶7} 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.

         {¶8} 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.

         {¶9} 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 ...


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