from the Franklin County Court of Common Pleas C.P.C. No.
brief: Ron O'Brien, Prosecuting Attorney, and Seth L.
Gilbert, for appellee.
brief: Barnhart Law Office LLC, and Robert B. Barnhart, for
1} A jury convicted defendant-appellant, Angelo R.
Chinn, of felonious assault under R.C. 2903.11 and attempted
murder under R.C. 2903.11, both with firearm, drive-by, and
repeat offender specifications. Chinn appeals, arguing that
the trial court erred by failing to include the jury
instruction he requested. For the reasons set forth below, we
FACTUAL AND PROCEDURAL BACKGROUND
2} A grand jury indicted Chinn on July 14, 2015, on
one count of felonious assault under R.C. 2903.11 and one
count of attempted murder under R.C. 2923.02. Because the
indictment alleged that Chinn had committed the offenses by
discharging a firearm from a vehicle and had previous violent
felony convictions, the counts carried firearm specifications
under R.C. 2941.145(A), drive-by shooting specifications
under R.C. 2941.146(A), and repeat violent offender
specifications under R.C. 2941.149(A). (July 14, 2015
3} Trial commenced on June 20, 2016. The
prosecution's first witness was Phyllis Regina
James-Amir, who had met Chinn at their place of employment
and began a relationship with him. (Tr. at 32-34.) James-Amir
testified that she had been sleeping in her car at her place
of employment before her shift on the night of July 4, 2015,
when Chinn approached and began pounding on the car window.
(Tr. at 42-44.) She started the car and as she began to drive
away, Chinn tried to stop her by placing his hands on the
hood of the car. (Tr. at 45-46.) Chinn got in his car and
followed her at a high speed and James-Amir tried to evade
him. (Tr. at 45-47.) Suddenly her car window blew out after a
sound like a tire blowing out, and Chinn sped away. (Tr. at
47-49.) She realized that Chinn had fired a weapon at her.
James-Amir pulled her car into a strip mall and called 911.
(Tr. at 49-50.)
4} Officer Zachary West responded to the 911 call.
(Tr. at 80.) He testified that James-Amir was shaken and
frightened, and had to be escorted out of her vehicle. He
stated that "the driver's side window was shattered
completely out." (Tr. at 81.)
5} Detective Ronald Lemon testified that he arrested
Chinn at his mother's house. (Tr. at 99.) He described
the gun used in the incident to Chinn's mother, who said
that she owned a gun fitting the description. (Tr. at
100-01.) After Chinn's mother consented to a search of
the home, she took Detective Lemon to where the gun was
stored in her bedroom. (Tr. at 102-03.) The gun had one spent
shell casing and one live round inside. (Tr. at 105.) During
an interview after Chinn's arrest, he told Detective
Lemon that the shooting was an accident and that he had not
intended to harm James-Amir. (Tr. at 129.)
6} Erica Pattie testified as a forensic firearms
expert. (Tr. at 158.) She testified that the gun in question,
a Derringer pistol, had to be fully cocked after loading and
have the safety off before it would discharge. (Tr. at
163-64.) On cross-examination, she stated that it would be
possible for the weapon to be accidentally discharged. (Tr.
7} Before jury deliberations, Chinn's attorney
proposed a jury instruction with the following definition of
"accident": "An accident is a mere physical
happening or event and not reasonably foreseen as a natural
result of an unlawful act." (Tr. at 142.) The trial
court overruled the request to include the instruction. (Tr.
8} The jury returned a guilty verdict on the
felonious assault and attempted murder charges, as well as
the firearm and drive-by shooting specifications for those
offenses. (Tr. at 229-30.) The trial court separately
convicted Chinn of the repeat offender specification. (Tr. at
234.) After merging the offenses, the trial court sentenced
Chinn to a total of 25 years imprisonment. (Aug. 25, 2015
9} Chinn appeals and asserts the following