Court of Appeals of Ohio, Fifth District, Fairfield
from the Fairfield County Court of Common Pleas, Case No.
Plaintiff-Appellee R. KYLE WITT Fairfield County Prosecuting
Attorney BRIAN T. WALTZ Assistant Prosecuting Attorney
Defendant-Appellant SCOTT P. WOOD Conrad/Wood
Patricia A. Delaney, P.J. Hon. William B. Hoffman, J. Hon.
Earle E. Wise, Jr., J.
Defendant-appellant Zachariah Vickroy appeals his convictions
and sentence entered by the Fairfield County Court of Common
Pleas, on one count of aggravated burglary, in violation of
R.C. 2911.11(A)(1), a felony of the first degree; and one
count of robbery, in violation of R.C. 2911.02(A)(2), a
felony of the second degree, following a jury trial.
Plaintiff-appellee is the state of Ohio.
OF THE CASE AND FACTS
On September 23, 2016, the Fairfield County Grand Jury
indicted Appellant on one count of aggravated burglary, in
violation of R.C. 2911.11(A)(1), a felony of the first
degree; two counts of robbery, in violation of R.C.
2911.02(A)(2), felonies of the second degree; one count of
grand theft, in violation of R.C. 2913.02(B)(2), a felony of
the fourth degree; and one count of theft, in violation of
R.C. 2913.02(A)(3), a misdemeanor of the first degree.
Appellant appeared for arraignment on November 8, 2016, and
entered pleas of not guilty to all of the charges.
The matter proceeded to jury trial on February 28, 2017. On
the first day of trial, prior to the start of trial, the
State moved to dismiss Counts Three (robbery), Four (grand
theft), and Five (theft) of the Indictment. With no
objections from Appellant, the trial court granted the
The following evidence was adduced at trial.
Jennifer and Rico Kesterson were asleep in their home at 725
N. Pierce Ave, Lancaster, Fairfield County, Ohio, on August
25, 2016, when they were awoken by the sound of loud crash
caused by someone breaking into the residence. Rico got out
of bed to investigate. As he entered the kitchen, he
encountered Appellant, who sprayed him in the face with bug
spray. Jennifer heard Rico say, "Oh!", and
proceeded to the kitchen. She found Rico backing up, stating
he could not see anything. As she ran toward her husband,
Appellant instructed both of them not to move. Appellant had
a gun pointed at Rico.
The Kestersons had met Appellant through a mutual friend.
After the initial meeting, Appellant appeared unannounced at
the Kesterson residence three additional times. Rico asked
Appellant not to return. Rico observed another individual
standing behind Appellant, whom he recognized from one of
Appellant's prior unannounced visits.
While Appellant brandished the gun at the Kestersons, the
unidentified male picked up a safe. Thereafter, the men fled
the residence. Rico chased the men and ended up in a physical
altercation with the unidentified male. Appellant and the
other individual man were able to get away.
Rico called 911. During the 911 call, Rico identified
Appellant by name as one of the robbers. Officers were
dispatched to the Kesterson residence. Officers noted
Rico's injuries were consistent with being sprayed by
mace or bug spray, to wit: red face; glassy, bloodshot eyes;
coughing; and gagging. Officers found the window of the door
the perpetrators used to gain entrance into the home had been
broken. A can of bug spray was discovered in the house, but
no useable fingerprints were obtained from the can. BCI
tested the can for touch DNA. The DNA on the can did not
belong to Appellant. The testing could not exclude Appellant