Court of Appeals of Ohio, Eighth District, Cuyahoga
Criminal Appeal from the Cuyahoga County Court of Common
Pleas Case No. CR-16-608044-C
ATTORNEY FOR APPELLANT Mark R. Marshall
ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga
County Prosecutor By: Kevin E. Bringman Assistant County
Prosecutor The Justice
BEFORE: Keough, J., E.A. Gallagher, A.J., and Boyle, J.
JOURNAL ENTRY AND OPINION
KATHLEEN ANN KEOUGH, JUDGE
Defendant-appellant, Emmanuel Jackson, appeals from the trial
court's judgment, rendered after a jury trial, finding
him guilty of aggravated robbery, robbery, grand theft,
theft, and kidnapping, and sentencing him to 16 years in
prison. Although the state improperly conditioned the plea
agreements of Jackson's codefendants on their agreement
not to testify at Jackson's trial, on the facts of this
case, we affirm.
Facts and Procedural Background
Jackson and two codefendants, Anthony Palmentera and Bradley
Lease, were indicted in an 11-count indictment with
aggravated robbery, robbery, grand theft, theft, and
kidnapping. Jackson and Lease were also indicted for having
weapons while under disability. Some of the counts contained
firearm, notice of prior conviction and repeat violent
The testimony at trial demonstrated that the indictments
arose out of an incident that occurred outside the Peek-A-Boo
nightclub in the early morning hours of July 13, 2016. The
victim, Kenneth Mayock, drove a borrowed minivan to the club
to pick up a friend who worked there. Mayock testified that
three men approached the van as he waited in the parking lot
of the club. Two of the men were white; the other was African
American and later identified as Jackson.
Mayock said that the African American male approached the
driver's side of the van, reached in, grabbed him by his
hoodie, and demanded his money. Mayock said he gave the man
his wallet, but the man pulled him out of the van, pushed him
to the ground, and threatened to shoot him. Mayock testified
that this man and the other men then hit him and again
threatened to shoot him. The three men eventually drove off
in the minivan, leaving Mayock on the ground. Mayok's
iPhone was in the minivan.
Mayock ran into the nightclub and asked the bartender to call
911. Mayock then called his mother and asked her to track his
cell phone on the Find My iPhone application on her phone.
Cleveland police officers soon arrived at the nightclub and
interviewed Mayock, who gave them a description of the
minivan and the three men, including a description of a
tattoo on the African American male's right arm, which
Mayock had observed when the male reached through the van
window and grabbed him.
Cleveland police officer Courtney Evans was one of the
officers who responded to the scene and interviewed Mayock.
She testified that within 20 to 30 minutes after arriving,
the officers learned the general location of the minivan and
Mayock's cell phone from Mayock's mother, who was
tracking the phone. The officers relayed this information to
police officers in the area, who began touring the area
looking for the van and the suspects.
Within a short time, those officers found the van and three
suspects, one of whom was Jackson, who matched the
descriptions given by Mayock. The officers found Mayock's
cell phone in the grass about ten feet away from where they
apprehended Jackson. The police then transported Mayock to
that location, and Mayock identified all three individuals in
a "cold stand" identification as the individuals
who had assaulted and robbed him earlier that night.
Cleveland police officer Michael Keane testified at trial
that he was one of the officers who found the abandoned van,
as well as a pair of black and white sandals on the ground
about five feet from the van. Keane testified that Jackson,
who was not wearing any shoes or socks, denied knowing ...