Court of Appeals of Ohio, Eleventh District, Ashtabula
STATE OF OHIO, ex rel. MALIK ALLAH-U-AKBAR, Relator,
ASHTABULA COUNTY COURT OF COMMON PLEAS, Respondent.
Action for Writ of Mandamus and/or Prohibition.
Allah-U-Akbar, pro se, OH 45601 (Relator).
Nicholas A. Iarocci, Ashtabula County Prosecutor, and Rebecca
Divoky, Assistant Prosecutor, Ashtabula County Courthouse,
This matter is before the court on a "Writ of Mandamus
and/or Prohibition" filed by relator, Malik
Allah-U-Akbar, aka Odraye G. Jones, against respondent,
Ashtabula County Court of Common Pleas, and respondent's
Civ.R. 12(B)(6) motion to dismiss for failure to state a
claim. For the reasons that follow, the writ, which we
construe as a petition for a writ of mandamus and/or
prohibition, is dismissed.
On November 17, 1997, while Ashtabula Police Officer William
D. Glover, Jr., was executing an arrest warrant for
aggravated robbery against relator and pursuing him on foot,
relator turned around, pulled out a revolver, and began
shooting at him.
Officer Glover fell to the ground after the first shots, at
which time relator walked back to the officer, and, from a
distance of two to twelve inches, fired two more shots, one
striking the officer below his right eye and the second
striking him in the top of the head. Relator then fled the
Ashtabula Police Officer Robert Stell located relator several
blocks away from the scene of the shooting, still running.
Officer Stell ordered him to stop. Relator ignored the
command and continued running. Officer Stell pursued him on
foot. Relator led Officer Stell to a nearby apartment.
Relator tried to force his way in, but a tenant prevented him
from entering. As relator was struggling to enter the
apartment, Officer Stell approached him, drew his weapon, and
ordered him to the ground. Relator threw his revolver in
nearby shrubbery. Officer Stell again ordered him to the
ground and, this time, he complied. Officer Stell held him at
gunpoint until assistance arrived. Officers recovered the
weapon and relator was arrested. The gun was later matched to
fired cartridge casings recovered at the scene of the
shooting, to live cartridges found on relator at the time of
his arrest, and to bullets taken from Officer Glover's
Officer Glover was life-flighted to Cleveland's Metro
Hospital, where it was found he sustained substantial brain
damage. He died from his gunshot wounds the following
The state charged relator with aggravated murder with prior
calculation and design with a specification that relator
killed the officer for the purpose of escaping apprehension
for an earlier aggravated robbery offense.
On May 26, 1998, the jury found relator guilty as charged,
and the case proceeded to the penalty phase. The jury
recommended that he be sentenced to death. The trial court
concurred. On June 8, 1998, the trial court sentenced him to
While relator's murder case was being tried, another
indictment charging him with two counts of aggravated robbery
was pending. After relator was sentenced to death, on June 9,
1998, the state nolled the aggravated robbery case and the
court dismissed it without prejudice.
Relator appealed to the Supreme Court of Ohio, and, in
State v. Jones, 91 Ohio St.3d 335 (2001), the Court
affirmed his conviction. The Ohio Supreme Court, in State
v. Jones, 92 Ohio St.3d 1421 (2001), granted
relator's motion to stay execution pending exhaustion of
his state post-conviction remedies.
Subsequently, relator sought post-conviction relief, which
the trial court denied. This court, in State v.
Jones, 11th Dist. Ashtabula No. 2000-A-0083,
2002-Ohio-2074, affirmed the trial court's judgment.
Relator also filed a motion for relief from judgment. The
trial court denied that motion and, in State v.
Jones, 11th Dist. ...