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State v. Campbell

Court of Appeals of Ohio, Third District, Allen

December 26, 2017


         Appeal from Allen County Common Pleas Court Trial Court No. CR 2016 0210

          Michael J. Short for Appellant

          Jana E. Emerick for Appellee


          WILLAMOWKSI, J.

         {¶1} Defendant-appellant Anthony L. Campbell ("Campbell") appeals the judgment of the Allen County Court of Common Pleas. He claims his conviction (1) was not supported by sufficient evidence and (2) was against the manifest weight of the evidence. For the reasons set forth below, the judgment of the lower court is affirmed.

         Facts and Procedural History

         {¶2} On May 31, 2016, Jeff "Boo" Simpson ("Simpson") and Campbell went to Cynthia Kindred's ("Kindred") house. Tr. 89. Campbell knew Kindred and had previously dated her. Tr. 87. Simpson asked Campbell to knock on Kindred's door to see if she was at home. Tr. 89. Consequently, Campbell got out of Simpson's car, walked onto Kindred's porch, and knocked on her front door. Tr. 89. When Kindred came to the front door, Campbell said, "Boo wants to talk to you." Tr. 89. At this point, Simpson came to the front porch and began talking to Kindred. Tr. 89. At trial, Campbell stated that he did not overhear everything that Simpson said to Kindred but did hear Simpson mention someone's name and something about a hospital. Tr. 90. During a recorded interview with a Detective Steven Stechschulte ("Stechschulte") prior to trial, Campbell made several additional statements describing the conversation between Simpson and Kindred.

Stechschulte: What was their conversation about on the porch?
Campbell: He was talkin' to her somethin'-sayin' somethin' about somebody who was in the hospital or some s*** like that.
Stechschulte: Did he say who?
Campbell: He didn't say. I couldn't understand him.
Stechschulte: So he made her believe that he was going to take her to the hospital because somebody had gotten hurt-
Campbell: Yeah.
Stechschulte: -and they needed to get there?
Stechschulte: Did he say how they got hurt or why they were in the hospital?
Campbell: He said they had a heart attack or somethin' or somethin' or another.
Stechschulte: So he tricked her?
Campbell: Yeah.

Ex. 7. After the conversation on Kindred's front porch, Kindred returned into her house. Tr. 90. Simpson turned to Campbell and told him that Kindred was going to come with them in the car. Tr. 90. Kindred then came back outside and got into the car with Campbell and Simpson. Tr. 90.

         {¶3} Simpson drove the car while Campbell was sitting in the passenger seat and Kindred was sitting in the back seat. Tr. 91. Simpson then drove the car to several other houses. Tr. 91. At each of these houses, Simpson would stop the car, get out of the vehicle, and go inside the house for several minutes. Tr. 91. Kindred and Campbell remained in the car during each of these stops. Tr. 91. After several stops, Campbell told Simpson, "Look, * * * I've got something to do. * * * Drop me off at Main and Vine." Tr. 90. Simpson dropped Campbell off at Vine Street in between 12:00 and 12:30 a.m. on June 1, 2016. Tr. 91. From that location, Campbell walked to a bar. Tr. 91. After staying at the bar for a short time, Campbell then went to his brother-in-law's house, where he stayed until 4:00 a.m. Tr. 92. From his brother-in-law's house, Campbell went to his own home. Tr. 92.

         {¶4} In between 8:00 and 8:30 a.m. on June 1, 2016, Simpson came to Campbell's house and said, "I want you to do me a favor. * * * I want you to go to the bank with me." Tr. 93. Campbell agreed and then asked, "What's up?" Tr. 93. Simpson said, "Well, she [Kindred] owes me some money. I want you to go to the bank with me and go in with her." Tr. 93. Campbell replied, saying, "Okay." Tr. 93. At trial, Campbell was asked about why he did this favor for Simpson. Tr. 97. This exchange reads, in its relevant part, as follows:

Q. There's been, at least during your interview, there was some talk that you were going to get some sort of either money, or drugs, or something like that for helping Jeff out with this; is that right?
A. Yea. He just said he would take care of me.
Q. Okay. To you, that meant that he was going to give you some cash or he was going to give you some drugs?
A. Yea.

Tr. 97. Campbell then got into Simpson's car. Tr. 93. Simpson then drove Kindred and Campbell to a branch of Fifth Third Bank in Lima, Ohio. Tr. 93. During the police interview prior to trial, Campbell told a police detective details about a conversation between Simpson and Kindred that occurred while Kindred was in the car with Simpson and ...

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