United States District Court, S.D. Ohio, Western Division, Dayton
RYAN M. HAYES, Petitioner,
TIM BUCHANAN, Warden, Noble Correctional Institution Respondent.
H. Rice, District Judge
REPORT AND RECOMMENDATIONS
Michael R. Merz, United States Magistrate Judge
a habeas corpus action under 28 U.S.C. § 2254 brought by
Petitioner Ryan Hayes with the assistance of counsel. Hayes
seeks relief from his conviction for aggravated vehicular
homicide and operating a motor vehicle under the influence of
alcohol and his consequent sentence of 7.5 years. The case is
before the Court for initial review pursuant to Rule 4 of the
Rules Governing § 2254 Cases which provides in pertinent
part: “[i]f it plainly appears from the petition and
any attached exhibits that the petitioner is not entitled to
relief in the district court, the judge must dismiss the
petition and direct the clerk to notify the
petitioner.” Hayes pleads one ground for relief as
Ground One: Mr. Hayes was denied Due Process
of Law by being placed twice in jeopardy by receiving
multiple punishments for the same offense.
Supporting Facts: The jury convicted Mr.
Hayes of both Aggravated Vehicular Homicide under R.C.
2903.06A(1)(a) and O.V.I. under R.C. 4511.19 and the court
sentenced him to consecutive sentences for seven years and
six months. All of the elements of O.V.I. are contained in
(Petition, ECF No. 1, PageID 5.)
was convicted in the Montgomery County Common Pleas Court on
one count of aggravated vehicular homicide, in violation of
R.C. 2903.06(A)(1), a felony of the second degree; one count
of aggravated vehicular homicide, in violation of R.C.
2903.06(A)(2), a felony of the third degree; one count of OVI
(.17 or greater-whole blood), in violation of R.C.
4511.19(A)(1)(f)/(G)(1)(a), a misdemeanor of the first
degree; and OVI (under the influence), in violation of R.C.
4511.19(A)(1)(a)/(G)(1)(a), also a misdemeanor of the first
degree. State v. Hayes, 2016-Ohio-7241, ¶ 1,
2016 Ohio App. LEXIS 4111 (2nd Dist. Oct. 7,
2016), appellate jurisdiction declined, 149 Ohio St.3d 1431
(2017), cert. den. sub. nom. Hayes v. Ohio, 138
S.Ct. 476 (2017).
Donovan recites the following underlying facts:
[*P2] The incident which forms the
basis for the instant appeal occurred on the night of
September 17, 2011, when Hayes drove his parents' black
1991 Lexus sedan into a stationary track hoe at a
construction site located near Hoover Avenue in Dayton, Ohio.
While Hayes was severely injured, his passenger and
girlfriend, Qadriyyah Harvey, was killed after suffering
blunt force trauma when her head hit the windshield during
the crash. The evidence adduced during the trial established
that neither Hayes nor Harvey were wearing their seatbelts at
the time of the crash, which was found to have occurred at
approximately 8:50 p.m.
[*P3] Hayes was removed from the
vehicle by paramedics and taken to Miami Valley Hospital
(MVH) for treatment. Harvey was pronounced dead at the scene
of the crash. Dayton Fire Department firefighter/paramedic
Tyler McCoy testified that he detected the odor of alcohol on
and about Hayes' person. McCoy testified that the odor of
alcohol persisted even after he removed Hayes from the crash
site. McCoy further testified that Hayes admitted that he had
consumed alcohol prior to the crash.
[*P4]Dayton Police Detective
Jonathan Seiter, a crash reconstructionist in the traffic
services unit, was dispatched to the site after it was
determined that the crash involved a fatality. Upon arriving
at the scene of the accident, Detective Seiter inspected the
vehicle. Detective Seiter testified that he detected the
slight of odor of alcohol emanating from the interior of the
[**3] vehicle. Detective Seiter also observed a
wallet and an opened can of Sparks alcoholic iced tea in the
driver's side floorboard of the vehicle.
[*P5] Detective Seiter then
traveled to MVH in order to interview Hayes. Upon arriving at
the hospital, Detective Seiter located Hayes in the trauma
room. Detective Seiter testified that Hayes was unconscious
and smelled of alcohol. Thereafter, Detective Seiter directed
phlebotomist Ross Melton to draw Hayes' blood as part of
an OVI kit. Prior to drawing Hayes' blood, both Detective
Seiter and Melton attempted to wake him up, but Hayes could
not be roused. At approximately 11:20 p.m., Melton drew two
vials of Hayes' blood for testing. Detective Seiter took
possession of Hayes' blood, transported it to the Safety
Building, and placed it in a refrigerator. Detective Seiter
then completed a form requesting that Hayes' blood be
tested at the Miami Valley Regional Crime Lab (MVRCL).
Elizabeth Kiely, a forensic
toxicologist at the MVRCL, tested Hayes' blood samples on
September 28, 2011. Kiely testified that the tests revealed
that the two samples of Hayes' blood had an alcohol
concentration of .173 and .169 gram percent, the average of
which is .171 which [**4] is more than twice the
legal limit of .08 percent. Kiely testified that she also
screened Hayes' blood for the presence of drugs. The
sample tested positive for marijuana metabolite. Forensic
toxicologist Brian Simons tested Hayes' blood in order to
determine the amount of marijuana metabolite present.