from the Stark County Court of Common Pleas, Case No.
Plaintiff-Appellee: JOHN D. FERRERO, JR. STARK CO. PROSECUTOR
KRISTINE W. BEARD
Defendant-Appellant: CHRIS BURNETT, PRO SE Mansfield
Patricia A. Delaney, P.J., Hon. John W. Wise, J., Hon. Craig
R. Baldwin, J.
Appellant Chris Burnett appeals from the March 21, 2017
Judgment Entry of the Stark County Court of Common Pleas
denying his petition for post-conviction relief. Appellee is
the state of Ohio.
AND PROCEDURAL HISTORY
This case arose from the shooting of Cleave
"Archie" Johnson ("Archie") and Albert
Magee, resulting in Archie's death and serious injury to
Magee. Appellant was indicted along with three co-defendants:
Calvin Johnson, Sade Edwards, and Corey Campbell. The
following facts are adduced from the record of
appellant's jury trial and are relevant to the claims
raised in the instant appeal.
Magee knew Johnson for many years. In 2015, a dispute arose
between Johnson and Magee's son.
On August 10, 2015, Edwards drove appellant, Johnson, and
Campbell around Alliance, where Archie and Magee happened to
be drinking beer in front of Archie's house. Magee
noticed the Edwards vehicle drive by. Johnson told Edwards to
pull over around the corner and stop so he could
"holler" at someone. Edwards stopped near a yard
with a boat parked in it. Appellant and Johnson got out of
the car and walked down an alley toward Archie's house;
Campbell got out of the car but stayed behind to "take a
Magee observed two men come down the alley brandishing
firearms: appellant and Johnson. Magee testified appellant
smiled at him and fired two to three times. Magee was struck
in the leg and tried to crawl toward his car. He saw Archie
fall to the ground. Magee also saw Campbell running up a hill
behind the house, and heard one of the shooters yell,
"This is how we do it in Chicago, [expletive]. Chicago
style." He also heard someone say "Come on man come
this way [expletive] hurry up." Magee crawled to a
nearby house for help.
Appellant, Johnson, and Campbell ran to Edwards' car and
left for appellant's home in Akron. As they drove,
Edwards' mother called and said Magee had been shot and
Edwards' car had been spotted near the scene. Edwards
discerned the shooting was the result of the "beef"
between Johnson and Magee, and heard Johnson say to
appellant, "Cuz, why did you start shooting so fast? I
thought we were going to get closer." Edwards also heard
Johnson mention returning to the scene to get their
"poles" (guns). Appellant and Johnson discussed
throwing the guns under a porch into a hole and said they
should have thrown them into the boat. After Edwards dropped
the men off, Johnson called and asked her to take them back
to Alliance to get their "poles."
In the meantime, Alliance police responded to the scene for
shots fired and found Magee, who immediately identified
Calvin Johnson as one of the shooters and said the other was
an unknown man with "dreads." Archie was
unresponsive, lying in a fetal position on the front walk.
Both victims were transported to the hospital. Archie died
several days later from a gunshot wound to the head.
Magee's right femur was shattered and required surgery.
While in the hospital, investigators showed Magee Facebook
photos of appellant and Johnson. Appellant was shown in the
photo with "dreads, " described by Magee as a
braided "wild" hairstyle. Magee identified
appellant and Johnson as the shooters and Edwards as the
driver of the car, a silver Pontiac Grand Am.
Investigators found the silver Grand Am outside Edwards'
residence when they arrived to question her; she admitted she
drove appellant, Johnson, and Campbell around Alliance, and
that appellant and Johnson were involved in the shooting. She
took police to the location where appellant and Johnson threw
their guns, in the yard of the house with a boat. Police
recovered a Hi-Point magazine, a .9 millimeter Hi-Point
handgun, and an SCCY .9 millimeter handgun from under the
front porch. The Hi-Point magazine fit inside the Hi-Point
firearm. The SCCY magazine was empty and the gun had a .9
millimeter Luger round in the chamber.
At the scene of the shootings, police had recovered Hi-Point
shell casings ...