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State v. Graggs
Court of Appeals of Ohio, Tenth District
June 22, 2017
State of Ohio, Plaintiff-Appellee,
John Q. Graggs, Defendant-Appellant.
from the Franklin County Court of Common Pleas No. 08CR-1098
O'Brien, Prosecuting Attorney, and Kimberly M. Bond, for
Q. Graggs, pro se.
1} John Q. Graggs appeals from the decision of the
Franklin County Court of Common Pleas denying his motion for
a new trial under Crim.R. 33. For the reasons set forth
below, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
2} A jury found Graggs guilty of aggravated robbery
under R.C. 2911.01, kidnapping under R.C. 2911.01, and
aggravated murder under R.C. 2903.01. The trial court imposed
a life sentence without parole. (Mar. 3, 2009 Final Jgmt.
3} We incorporate here the facts leading to
Graggs' conviction as recounted in the original appeal:
The charges in this case arise out of the shooting death of
Fred Brock, also known as "Food Stamp Freddie"
("Brock") that occurred on January 8, 2008. The
following description of events surrounding Brock's death
were adduced at trial.
Marcus Jones ("Marcus") had been living at 3566
East Main Street, Apartment B-11, for about three months
prior to Brock's death. According to Marcus, he and his
friend Jessie Lanier ("Lanier") sold cocaine out of
this apartment. Marcus testified they sold bricks of cocaine
for $ 28, 000 a piece. Brock was a friend of Lanier's
that met Marcus about three days prior to the shooting.
Essentially, Brock was hired to "stay in the house and
pretty much make sure no one came in the house and took the
money and the drugs." (Tr. 351.)
On January 8, 2008, Marcus picked up his cousin, Dominic
Jones ("Dominic"), and they went to a local high
school basketball game. When Marcus left, Brock was on the
couch watching television and Lanier was in the bathroom.
While at the basketball game, Marcus saw Lanier arrive at the
game alone. After the game, Marcus and Dominic went to the
home of Marcus's father, Marvin Jones
("Marvin"), and began watching a movie. After being
at Marvin's for approximately 15 minutes, Marcus got a
telephone call from Lanier telling Marcus to come to the
apartment. When Marcus and Dominic arrived at the apartment,
Lanier was not there, but Lanier and a girl arrived about two
minutes later. The three men entered the apartment where
Brock was lying face down on the floor, handcuffed and shot.
Marcus testified he never touched the body, but he was scared
and he, Dominic, and Lanier began to clear the apartment of
drug paraphernalia and things related to the drug operation,
including scales and $ 17, 000 in cash. After taking several
loads of items to Lanier's vehicle, Lanier left the
complex. Marcus and Dominic then left the apartment and went
to the Barnett Recreation Center where they called Marvin.
According to Marvin, about 15 minutes had passed from when
Marcus and Dominic left his house and made the call. Marvin
told Marcus to call the police, and the three men proceeded
to the apartment complex. Marvin went into the apartment with
Dominic while Marcus called 911 from the hallway.
Just as the dispatch was ending, Whitehall Police Officer
Eric Hollyfield pulled into the parking lot of the apartment
complex and observed a man waving "frantically" to
him. (Tr. 35.) As Officer Hollyfield entered the building,
two other men directed him to Apartment B-11. Upon entering
the apartment, Officer Hollyfield observed the victim lying
face down on the floor. There was blood on the victim's
back, and his hands were handcuffed behind his back. After
clearing the room, Officer Hollyfield checked for a pulse and
called for medics. According to Officer Hollyfield, the
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