Court of Appeals of Ohio, Eighth District, Cuyahoga
Criminal Appeal from the Cuyahoga County Court of Common
Pleas Case No. CR-16-605802-A
ATTORNEYS FOR APPELLANT Michael C. O'Malley Cuyahoga
County Prosecutor Christopher D. Schroeder Assistant County
Prosecutor Justice Center.
ATTORNEYS FOR APPELLEE Mark A. Stanton Cuyahoga County Public
Defender Erika B. Cunliffe Assistant Public Defender.
BEFORE: McCormack, J., E.A. Gallagher, A.J., and S.
JOURNAL ENTRY AND OPINION
Plaintiff-appellant, the state of Ohio ("the
state") appeals from the trial court's dismissal
with prejudice of its case against defendant-appellee Rufus
Jackson ("Jackson"). For the reasons that follow,
and Substantive History
This case arises out of an incident that occurred on March 3,
2006. On that date, Jackson shot Roy Moorer multiple times in
the chest and left arm. As a result, Moorer was paralyzed
from the waist down.
On March 15, 2006, Jackson was indicted on two counts of
felonious assault, both with one- and three-year firearm
specifications, in Cuyahoga C.P. No. CR-06-478104-A.
While Jackson was in jail pending resolution of that case, he
was indicted in Cuyahoga C.P. No. CR-06-480135-A for assault
on a peace officer and vandalism for an incident that had
occurred in the Cuyahoga County Jail.
Jackson initially pleaded not guilty to all charges.
Subsequent negotiations resulted in a plea agreement that
resolved both cases. On June 22, 2006, Jackson pleaded guilty
to one count of felonious assault, together with the
three-year firearm specification in CR-06-478104-A, as well
as to an amended count of attempted assault in
CR-06-480135-A. The remaining counts in both cases were
On July 13, 2006, the trial court sentenced Jackson to eight
years on the felonious assault count, to be served
consecutively to three years for the gun specification. The
court also sentenced Jackson to a consecutive six-month term
for attempted assault.
On February 8, 2016, Moorer died. The autopsy report listed
his cause of death as "acute bronchopneumonia" due
to "decubitus ulcers with osteomyelitis and sepsis,
" "paraplegia with neurogenic bladder and end stage
renal disease, " and "multiple gunshot wounds of
the trunk and left arm with spinal injuries."
On June 7, 2016, a grand jury indicted Jackson in the
underlying case, Cuyahoga C.P. No. CR-16-605802-A, on two
counts of murder for Moorer's death, ...