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State v. Luckie

Court of Appeals of Ohio, Fifth District, Richland

February 14, 2018

STATE OF OHIO Plaintiff-Appellee
MARCELLUIS T. LUCKIE Defendant-Appellant

         Appeal from the Richland County Court of Common Pleas, Case No's 2015-CR-0665, 2015-CR-0756, 2016-CR-0400

          For Plaintiff-Appellee GARY BISHOP Prosecuting Attorney Richland County, Ohio By: JOSEPH C. SNYDER Assistant Prosecuting Attorney

          For Defendant-Appellant DAVID M. WATSON

          Hon. John W. Wise, P.J., Hon. W. Scott Gwin, J., Hon. William B. Hoffman, J.


          Hoffman, J.

         {¶1} Appellant Marcelluis Luckie appeals the judgment entered by the Richland County Common Pleas Court convicting him of having a weapon under disability (R.C. 2923.13(A)(2), (3)), aggravated murder (R.C. 2903.01(B), four counts of kidnapping (R.C. 2905.01), aggravated burglary (R.C. 2911.11), robbery (R.C. 2911.02), tampering with evidence (R.C. 2921.12), complicity to commit aggravated burglary (R.C. 2911.11), two counts complicity to commit aggravated robbery (R.C. 2911.01)and injuring animals (R.C. 959.92), with firearm and repeat violent offender specifications, and sentencing him to an aggregate term of 115 years incarceration to be served consecutively to a term of life imprisonment without possibility of parole. Appellee is the state of Ohio.


         {¶2} In the early morning hours of June 24, 2015, Uvon Burns was asleep in her bedroom when she awoke to a man pointing a gun at her, demanding drugs and money. When her dog moved to protect her, the intruder shot the dog. She had no drugs, but tossed her purse at him which contained her tip money from bartending at the American Legion the night before. He picked up the purse and ran.

         {¶3} Burns discovered her boyfriend, Jason O'Neal, had climbed into bed with her after she fell asleep. He laid still so the intruder would not see him. He heard the intruder ask for weed and money. He saw the silhouette of a man in a grey hoodie drawn tight, holding a gun. He noted a tattoo on the intruder's hand, and a pair of Nike boots he had earlier seen on Christian Ramirez, Appellant's co-defendant. He was later able to identify Ramirez by his voice as well as the tattoo and boots.

         {¶4} Burns and O'Neal called the police and discovered the intruder gained entry into the home by kicking the panel out of the front door. The dog survived after receiving emergency veterinary care.

         {¶5} At two o'clock that morning, Appellant woke up his girlfriend, Andrea McDowell, to tell her Burns had been robbed and her dog had been shot. McDowell and Burns were coworkers and friends. He claimed he heard about the incident from his friend George Kelly. He insisted they check on Burns the next morning, and they drove to Burns' house. Appellant told Burns and O'Neal he was sorry about their dog. O'Neal found it strange Appellant knew about the dog because the incident was not yet public knowledge.

         {¶6} On June 25, 2015, Christshanda Webb was at the home of her brother, Myron Webb, waiting for a cable service installer to arrive. She heard a knock on the back door. She checked the front of the house for a cable van, but no one was there. Others in the house checked the rear door and found Ramirez attempting to force his way into the house. When he noticed people in the house, he ran. Christhanda walked up the street in the direction Ramirez was headed. She saw Appellant approach driving a black Pontiac, and Ramirez jumped on the hood.

         {¶7} Shamille Chapman and her baby were asleep on the couch on June 26, 2015, when she awoke to find Appellant and Ramirez standing over her, asking for money and drugs. Appellant held a gun, and Ramirez held a crowbar. Appellant was wearing a black Ohio State hoodie, a mask, gloves, and Hello Kitty glasses. Ramirez was dressed in all black. Ramirez took electronics from the house and put them in bags. The men asked her to have her son come downstairs, and they held him at gunpoint with Chapman. The men demanded she call her boyfriend, Myron Webb, to ask him to come home, and threatened her if she warned him something was amiss. She called Webb and asked him to come home. The men continued to ransack the house while waiting for Webb to arrive, asking her to call Webb multiple times. Appellant and Ramirez tied up Chapman's son with t-shirts and an electrical cord.

         {¶8} When Webb arrived home, the men ordered him to the ground. They told Webb they heard he had "bricks." Webb responded he did not have drugs, but gave them his money. Unhappy with what they had received, the men planned to stay all night and have Webb withdraw money from the bank for them the next morning. They told Webb they would put a pillowcase over his head and take the baby with them. Webb asked them not to involve his family. When they ordered Webb to walk toward the kitchen, Webb charged the men. Chapman grabbed the baby and ran into the kitchen where her son was tied up. She got outside with her son and the baby and screamed for the neighbors to call 911.

         {¶9} After seeing Appellant and Ramirez run away, Chapman went back into the house where she found Webb rolling around on the ground, bleeding from stab wounds to his head, neck, back, and upper arms. He was transported to the hospital where he died the following day. The medical examiner found twenty-five stab wounds on Webb.

         {¶10} At 2:00 a.m. on June 26, 2015, McDowell awoke and found Appellant in the kitchen with what appeared to be blood on the back of his shirt. Shortly thereafter, Appellant asked McDowell to help him put disinfectant on wounds on his shoulder and elbow. Appellant claimed she saw a logo rather than blood on the shirt, but the next morning Appellant told McDowell he threw the shirt in the river.

         {¶11} During the afternoon of June 26, 2015, O'Neal saw Ramirez with a group of people gathered outside a friend's house. During a conversation, O'Neal recognized Ramirez's voice from the break-in on June 24, 2015. O'Neal punched Ramirez and choked him. After he was beaten by O'Neal, Ramirez called his grandfather and told him to get rid of bullets and a pair of "Jordans" which were at his house. Ramirez then called Appellant and told him he got beat up over shooting O'Neal's dog. Ramirez changed his shoes at his house and his clothes at his mother's house before going to the hospital, where he claimed his injuries were the result of a fall from a tree.

         {¶12} Chapman's neighbors had reported seeing Appellant and Ramirez flee the scene of the attack on Webb in a black Pontiac Grand Prix. When police went to Ramirez's house to question witnesses, they found a black Pontiac which they identified as the vehicle they were looking for in connection with Webb's murder. Police could see blood on the steering wheel and a tire iron in the car. They found the vehicle was registered to McDowell. Blood was later discovered on the driver's side door, the steering wheel, and the center console lid. DNA testing from the steering wheel cover showed a DNA mixture including Webb and Ramirez. Webb's blood was also found under the passenger door handle and at two locations on the driver's seat.

         {¶13} Appellant was indicted with one count of having weapons under disability in case number 2015-CR-0665. He was indicted in case number 2015-CR-0756 on two counts aggravated murder, four counts kidnapping, aggravated burglary, robbery, and tampering with evidence with firearm and repeat violent offender specifications for the events of June 25, 2015. He was indicted in case number 2016-CR-0400 with complicity to aggravated burglary, two counts of complicity to aggravated robbery, and one count of complicity to injure animals, with firearm specifications, for the events of June 24, 2015. {¶14} The indictments were consolidated for trial, and consolidated with the co-defendant Ramirez for trial. The case proceeded to jury trial. Appellant was convicted of all counts except one of the two counts of aggravated murder. He was sentenced to a term of life imprisonment without possibility of parole on the aggravated murder conviction, and an aggregate of 115 years incarceration on the remaining charges, to be served consecutively. From the judgments of conviction and sentence Appellant prosecutes this appeal, assigning as error:







         {¶15} Appellant argues the court erred in joining his three separate indictments into one trial. The State moved for joinder of offenses and defendants. Appellant objected to joinder, and the trial court held a hearing on the motion. Following the hearing, the court ruled as follows:

This matter came before the Court upon the motion of the State of Ohio to consolidate all of the above cases for one jury trial. The Court finds that Defendant Marcellus [sic] Luckie and Defendant Christian [sic] Ramirez have each been indicted for the same criminal activity as co-defendants. The criminal activity that each defendant has been indicted with relates to a home invasion type of robbery and burglary that occurred on June 23, 2015 and another similar type of home invasion type of robbery and burglary that occurred on June 26, 2015. In the second offense the State of Ohio alleges that the defendants while acting together murdered Myron ...

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