Court of Appeals of Ohio, Second District, Montgomery
Appeal from Common Pleas Court T.C. NO. 2016-CR-1656
B. PETERS, Assistant Prosecuting Attorney, Attorney for
KANE, E. Centerville Station Road, Centerville, Attorney for
1} Defendant-appellant Watson F. Bradley appeals his
conviction and sentence for one count of having weapons while
under disability (prior drug conviction), in violation of
R.C. 2923.13(A)(3), a felony of the third degree; one count
of possession of cocaine (less than five grams), in violation
of R.C. 2925.11(A), a felony of the fifth degree; and one
count of possession of heroin (one gram but less than five
grams), in violation of R.C. 2925.11(A), a felony of the
fourth degree. Bradley filed a timely notice of appeal with
this Court on March 22, 2017.
2} The incident which forms the basis for the
instant appeal occurred on May 27, 2016, when Dayton Police
Officer Cody Hartings was dispatched to a residence located
at 50 Glenwood Drive in Dayton, Ohio, in order to investigate
an aggravated menacing complaint. Upon arriving at the
residence in question, Officer Hartings spoke with Eric
Potter, who indicated that his brother-in-law, Bradley, had
pointed a handgun at him during a confrontation between the
two men. Potter informed Officer Hartings that Bradley was
currently in the upstairs bedroom and that the handgun would
most likely be located in the closet of that room. Potter
also informed Officer Hartings that he was the owner of the
house and lived there with his wife, whom he did not identify
3} At this point, Officer Hartings, accompanied by
Officer Evans, went upstairs and entered the bedroom
identified by Potter. Inside the bedroom, the officers
observed Bradley sitting on a bed. Officer Hartings asked
Bradley whether he and Potter had gotten into a fight
earlier. Bradley responded in the affirmative. Officer
Hartings testified that Bradley was calm and cooperative at
all times. Officer Hartings then asked Bradley if all of the
property in the bedroom belonged to him. Officer Hartings
also asked for Bradley's consent to search the room for
the handgun that Potter described. Bradley informed the
officers that all of the property in the room was indeed his,
but he did not live at the house, so he could not give them
consent to search the room.
4} Officer Evans remained in the bedroom with
Bradley while Officer Hartings went back downstairs to speak
with Potter. Believing him to be the owner of the residence,
Officer Hartings asked Potter if he would sign a consent to
search form. Potter signed the consent to search form.
Thereafter, Officers Hartings and Evans searched the bedroom
where Bradley was located and discovered a handgun, two
loaded magazines, various drug paraphernalia, and what was
later identified as heroin and crack cocaine. Whereupon,
Bradley was handcuffed and arrested.
5} On May 29, 2016, Bradley was interviewed by
Dayton Police Detective Rod Roberts. Detective Roberts
informed Bradley of his Miranda rights and asked him
to sign a pre-interview form. Bradley signed the
pre-interview form and agreed to speak to Detective Roberts
without an attorney. Bradley informed Detective Roberts that
he actually resided at 809 Ferndale Avenue in Dayton, Ohio.
Bradley also stated that he did not live at 50 Glenwood
Avenue where he was arrested, but only "stayed there
from to time." Bradley further stated that none of the
property discovered in the bedroom by Officer Hartings
belonged to him.
6} Thereafter on July 29, 2016, Bradley was indicted
for one count of having a weapon while under disability
(prior drug conviction). At his arraignment on August 9,
2016, Bradley stood mute, and the trial court entered a plea
of not guilty on his behalf. Bradley filed a motion to
suppress all of the physical evidence on August 25, 2016. A
hearing was held on said motion on October 6, 2016. At the
hearing, Bradley's sister, Danisha Turner, testified that
she was the only legal occupant of the residence located at
50 Glenwood Avenue when her brother was arrested on May 27,
2016. Turner testified that she and Potter had never been
married and that he was only her ex-boyfriend. Additionally,
Turner testified that while she and Potter were dating, he
never lived with her, but only stayed at her house
7} With respect to her brother, Turner testified
that before he was arrested on May 27, 2016, Bradley had been
staying at her house for approximately four to five days.
Turner testified that Bradley mainly lived with his
girlfriend, but she permitted him to keep some of his
personal belongings at her house in the upstairs bedroom.
Turner testified that she also permitted other relatives and
friends to stay in the upstairs bedroom from time to time.
Turner was not present at 50 Glenwood Avenue when Bradley was
arrested, and she testified that she did not authorize Potter
to give consent to search her house.
8} On November 8, 2016, the trial court issued a
decision overruling Bradley's motion to suppress in its
entirety. On December 9, 2016, a second indictment was issued
against Bradley, charging him with possession of heroin and
possession of cocaine. On December 15, 2016, Bradley filed a
second motion to suppress in order to address the new
charges. The second motion to suppress contained the same
arguments as did Bradley's first suppression motion. On
February 6, 2017, the trial court overruled Bradley's
second motion to suppress.
9} On February 9, 2017, Bradley pled no contest to
one count of having a weapon while under disability (prior
drug conviction), one count of possession of cocaine, and one
count of possession of heroin. The trial court accepted
Bradley's no contest pleas, found him guilty on all
counts, and ordered the adult probation department to prepare
a pre-sentence investigation report (PSI). On March 9, 2017,
the trial court sentenced Bradley to community control
sanctions not to exceed five years.
10} It is from this judgment that ...