Court of Appeals of Ohio, Second District, Montgomery
Court Case No. 2015-CR-12 (Criminal Appeal from Common Pleas
MATHIAS H. HECK, JR., by ANDREW T. FRENCH, Assistant
Prosecuting Attorney, Montgomery County Prosecutor's
Office, Appellate Division, Montgomery County Courts
Building, Attorney for Plaintiff-Appellee.
MARSHALL G. LACHMAN, Attorney for Defendant-Appellant.
1} Defendant-appellant, Steven Dorsey, appeals from
the conviction and sentence he received in the Montgomery
County Court of Common Pleas after a jury found him guilty of
aggravated robbery with a firearm specification. In support
of his appeal, Dorsey contends that his indictment should
have been dismissed because the statutory provisions
governing the mandatory transfer of juvenile cases to adult
court, R.C. 2152.10(A)(2)(b) and R.C. 2152.12(A)(1)(b), are
unconstitutional. Dorsey also argues that his conviction is
against the manifest weight of the evidence. For the reasons
outlined below, the judgment of the trial court will be
and Course of Proceedings
2} On January 20, 2015, the Montgomery County Grand
Jury returned an indictment charging Dorsey with one count of
aggravated robbery with a deadly weapon in violation of R.C.
2911.01(A)(1), a felony of the first degree. The charge also
included a three-year firearm specification.
3} Dorsey, who was 17 years old at the time of the
alleged offense, had previously been charged in the trial
court's juvenile division. However, pursuant to R.C.
2152.10(A)(2)(b) and R.C. 2152.12(A)(1)(b), the State filed a
motion to have Dorsey's case transferred to the general
division so that he could be tried as an adult. Following a
hearing on the matter, the juvenile court issued an entry
finding probable cause to believe that Dorsey had committed
aggravated robbery with a firearm and granting the
State's motion to transfer. Accordingly, the juvenile
court relinquished its jurisdiction over the case and ordered
its transfer to the general division pursuant to the
mandatory transfer provisions in R.C. 2152.10(A)(2)(b) and
4} Once Dorsey was indicted in the trial court's
general division, Dorsey pled not guilty to the aggravated
robbery charge and filed a motion to dismiss the indictment
on grounds that the mandatory transfer provisions in R.C.
2152.10(A)(2)(b) and R.C. 2152.12(A)(1)(b) violated his
constitutional rights to equal protection and due process, as
well as his right to be protected from cruel and unusual
punishment. The trial court, however, found no constitutional
violation and overruled Dorsey's motion. The matter then
proceeded to a two-day jury trial.
5} At trial, the State presented the testimony of
the victim, Travis Shuttleworth. Shuttleworth testified that
around 4:00 p.m. on November 5, 2014, he was on his way to
get gas in his red Chevy Trailblazer when he decided to first
stop at Main Mart on North Main Street in Dayton, Ohio, to
purchase some pork rinds. As he exited Main Mart, he claimed
a young man, later identified as Dorsey, stopped him and
asked for a dollar. Shuttleworth claimed that he gave Dorsey
a dime because he had no other cash on hand.
6} Shuttleworth then testified that after he handed
the dime to Dorsey, Dorsey asked if he and his two friends
could get a ride "down the road." Trial Trans.
(July 27, 2015), p. 103, 122. Shuttleworth claimed that
Dorsey's two friends were standing at a nearby bus stop
while he was talking to Dorsey. Shuttleworth did not recall
either of Dorsey's two friends coming up and speaking to
him outside Main Mart. Shuttleworth did, however, recall that
one of Dorsey's friends was wearing a small red backpack.
Shuttleworth further recalled that Dorsey's friends
appeared to be 14 to 16 years of age and were bundled up
since it was cold outside. Shuttleworth testified that he
agreed to give the three of them a ride because he felt bad
that they were standing out in the cold.
7} Continuing, Shuttleworth testified that Dorsey
sat in the front-passenger seat of his vehicle while
Dorsey's two friends sat in the backseat. During the
ride, Dorsey asked Shuttleworth if he wanted five dollars for
gas. Shuttleworth testified that he accepted Dorsey's
offer and that Dorsey retrieved five dollars from one of his
friends in the backseat. Thereafter, Shuttleworth claimed he
stopped at a nearby Marathon gas station and purchased gas
for his vehicle.
8} After he finished pumping gas, Shuttleworth
claimed that Dorsey requested to be dropped off at an
apartment complex located across the street from the gas
station. Shuttleworth testified that he then drove to the
apartment complex and parked. Once parked, Shuttleworth
testified that Dorsey's two friends jumped out of the
vehicle while Dorsey began "fiddling around." Trial
Trans. (July 27, 2015), p. 106. Thereafter, Shuttleworth
testified that he noticed Dorsey's two friends standing
next to his driver-side door. Shuttleworth then turned around
and saw Dorsey pointing a silver and black pistol at him.
9} Shuttleworth claimed that he asked Dorsey what
was going on and that Dorsey ordered him to empty his
pockets. Complying with Dorsey's request, Shuttleworth
testified that he produced a cell phone, lighter, and
contacts lens case from his pockets, but that Dorsey
permitted him to keep the lighter and contacts case.
Thereafter, Shuttleworth testified that Dorsey ordered him to
"walk that way" and "don't say
nothing." Id. In response, Shuttleworth
testified that he walked 30 to 40 feet from his vehicle and
then started running across the street. As he was running,
Shuttleworth heard his vehicle take off down the road.
Shuttleworth claimed that he ran to the Marathon gas station
where he had previously purchased gas and called 9-1-1 to
report the incident.
10} Shuttleworth further testified that Dorsey had a
tattoo underneath his right eye that looked like a cross or
some other kind of symbol. Shuttleworth did not notice
whether either of Dorsey's friends had tattoos on their
faces, but claimed that they appeared to be younger than
Dorsey and were not that talkative. Shuttleworth also
testified that he did not go to Main Mart in search of drugs
and that he never asked Dorsey where he could find drugs.
11} Following Shuttleworth's testimony, the
State called Montgomery County Sheriffs Deputy Brian
Shiverdecker to testify. Shiverdecker testified that on
November 6, 2014, he was involved in a traffic stop of a red
Chevy Trailblazer that had been reported stolen the day
before. Shiverdecker testified that he initially spotted the
stolen vehicle in the area of North Main Street and Parkwood
Drive, which is located near Main Mart. According to
Shiverdecker, that area is "pretty common for narcotics
and weapons issues." Trial Trans. (July 27, 2015), p.
12} Video footage from Shiverdecker's cruiser
camera was played for the jury. The video showed
Shuttleworth's red Chevy Trailblazer turning into Main
Mart's parking lot. As the vehicle turned into the
parking lot, the driver, later identified as Dorsey,
immediately fled from the vehicle on foot once Shiverdecker