Court of Appeals of Ohio, Sixth District, Sandusky
Court No. 15 CR 455
R. Bates and Alyssa Breyman, Special Prosecutors, for
A. Klimkowsky, for appellant.
DECISION AND JUDGMENT
1} Appellant, Omar Satchel, appeals the March 23,
2016 judgment of the Sandusky County Court of Common Pleas
sentencing him to 36 months in prison. Because Satchel's
sentence is not contrary to law, we affirm.
Background and Facts
2} On May 21, 2015, Satchel was indicted on one
count of grand theft in violation of R.C. 2913.02(A)(1) and
one count of possessing a firearm while under a disability in
violation of R.C. 2923.13(A)(2), both third-degree felonies.
The indictment alleges that, on April 4, 2015, Satchel stole
and possessed a Cobra .380 caliber handgun belonging to
3} The possessing a firearm while under a disability
charge was tried to a jury on March 22, 2016. There was
pretrial publicity in Sandusky County related to Satchel, the
gun he allegedly possessed in this case, and an ongoing
homicide investigation. As a result, the court and counsel
conducted individual voir dire of the prospective jurors who
had seen something about Satchel or this case in the media.
This resulted in extended voir dire of 12 prospective jurors,
five of whom were ultimately excused for cause. Nevertheless,
the trial court was able to seat a panel of 12 jurors and one
4} The state's first witness was Diane Tiseo, a
parole agent for the Michigan Department of Corrections. She
testified that Satchel has been on parole in Michigan since
December 2010, and that she is his parole officer. The state
admitted into evidence certified copies of Satchel's
Michigan convictions and sentence. Tiseo confirmed that
Satchel was placed on parole following his prison term for
home invasion and domestic violence convictions in 2008.
5} As part of her parole orientation with Satchel,
Tiseo explained Michigan's zero-tolerance weapons policy,
which prohibits a convicted felon from using or possessing
any gun or imitation gun and any ammunition. The policy also
prohibits a convicted felon from knowingly being in the
company of a person who possesses a weapon. Satchel signed
and received a copy of Michigan's conditions of parole,
which included the weapons policy. Tiseo said that Satchel
stopped reporting to her in January 2014. As a result, Tiseo
placed him on absconder status and issued a warrant for his
6} The state's next witness was Lawrence
Shields. He testified that he sold a working .380 caliber
Cobra handgun and some .380 ammunition to Margaret Sims in
February 2015. He identified state's exhibit J-a box for
a Cobra .380 handgun and a box of .380 bullets-as the items
that he sold to Sims.
7} On cross, Shields identified two receipts that he
created when he sold handguns to Sims. Both were for Cobra
.32 caliber handguns. One was sold in June 2014 and the other
in January 2015. On redirect, Shields clarified that the
January 2015 receipt contained a typographical error; he had,
in fact, sold Sims a .380 handgun, not a .32. He also agreed
that he sold the .380 handgun to Sims in January 2015, not
8} Sims was the state's third witness. She
testified that she purchased a Cobra .380 caliber handgun
from Shields in January 2015. She identified the box the gun
came in and the box of ammunition in state's exhibit J as
the items that she purchased from Shields. She kept the gun
and bullets in the drawer of the dresser in her bedroom.
9} Sims said that she had known Satchel for
approximately a year-and-a-half and he occasionally lived
with her. Satchel was living with Sims in ...