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State v. McDonald-Glasco

Court of Appeals of Ohio, Tenth District

May 15, 2018

State of Ohio, Plaintiff-Appellee,
Tyrik M. McDonald-Glasco, Defendant-Appellant.

          APPEAL from the Franklin County No. 16CR-5691 Court of Common Pleas

         On brief:

          Ron O'Brien, Prosecuting Attorney, and Barbara A. Farnbacher, for appellee.

         On brief:

          Nemann Law Offices, LLC, and Adam Lee Nemann, for appellant.


          LUPER SCHUSTER, J.

         {¶ 1} Defendant-appellant, Tyrik M. McDonald-Glasco, appeals from a judgment entry of the Franklin County Court of Common Pleas finding him guilty of one count of murder with a firearm specification and one count of intimidation of a crime witness. For the following reasons, we affirm.

         I. Facts and Procedural History

         {¶ 2} By indictment filed October 13, 2016, plaintiff-appellee, State of Ohio, charged McDonald-Glasco with one count of murder in violation of R.C. 2903.02, an unspecified felony; one count of felony murder in violation of R.C. 2903.02, an unspecified felony; and one count of intimidation of a witness in a criminal case in violation of R.C. 2921.04, a third-degree felony. Both murder charges carried accompanying firearm specifications pursuant to R.C. 2941.145(A). The state charged McDonald-Glasco's codefendant, Dajuan A. Crowely, with these same offenses except intimidation of a witness. All charges related to the shooting death of Daegio D. Heron. McDonald-Glasco entered a plea of not guilty.

         {¶ 3} At a jury trial beginning May 1, 2017, the state asked Anferny Slaughter to identify individuals from surveillance camera footage from the afternoon of October 2, 2016. Slaughter identified himself, McDonald-Glasco, Taneja Williams, Tivon Green, and Dajuan Crowley, who goes by the nickname "Boobie." The state then played the surveillance footage in court and asked Slaughter to describe what was happening in those images.

         {¶ 4} Slaughter testified that on the day Heron was killed, he was with Taneja near the Graham store. There was a group of children outside the store, and Slaughter identified one of those children as one of the girls who would later witness the shooting. Heron was also outside the Graham store that day. Slaughter said he frequently bought marijuana from Heron.

         {¶ 5} On the afternoon of October 2, 2016, Slaughter said he and Taneja went to McDonald-Glasco's house on Hildreth Avenue, and when they arrived they joined McDonald-Glasco, Crowley, and Green. Shortly after 3:30 p.m., Slaughter said Taneja told him that the group planned to fight Heron that day. At that point, the group of five-Slaughter, McDonald-Glasco, Taneja, Crowley, and Green-went to the porch of an abandoned house on Greenway Avenue where they discussed their plan.

         {¶ 6} A short time later, Slaughter said Taneja called Heron under the guise of meeting him to purchase marijuana. At that point, the five of them left the abandoned house. Taneja walked up the street and turned down an alley where Heron was supposed to meet her, and McDonald-Glasco, Crowely, Green, and Slaughter went down Greenway Avenue and entered a different alley behind Heron's house. Slaughter said the two alleys intersect in a "T" behind Heron's house.

         {¶ 7} Slaughter testified he rode ahead of the group on his bicycle to confirm whether Heron had arrived in the alley. After spotting Heron, Slaughter returned and told Crowley, McDonald-Glasco, and Green that Heron was there. When the three men entered the alley, McDonald-Glasco had put his hood up.

          {¶ 8} Slaughter testified that Taneja met with Heron in the alley, as planned, and then Taneja walked out of the alley. At that point, Slaughter said he saw Green and Crowley walk up to Heron while McDonald-Glasco waited in the other alley in view of the others. Slaughter testified that he was talking to two little girls in the alley when he heard a gun cock followed by someone saying "No, no, don't do that, " and then the sound of two gunshots. (Tr. Vol. 1 at 153.) Shortly after that, Slaughter said he saw Green and Crowley run past him while Green put a gun in his pants and Crowley put a gun under his shirt.

         {¶ 9} Additional surveillance footage showed McDonald-Glasco walking out of the alley after the shooting. After that, Slaughter said he returned to his aunt's house where he smoked marijuana with Taneja. Surveillance video from the Graham store a few minutes after the shooting showed Green, Crowley, and McDonald-Glasco walking in the same general direction, although McDonald-Glasco was not walking with Green and Crowley.

         {¶ 10} Slaughter testified that when police first interviewed him, he lied about knowing anything about Heron's death because he was afraid of retaliation from Green. However, Slaughter said he eventually agreed to testify truthfully in exchange for the state dismissing the murder charge against him. Slaughter testified that when Heron was shot, Green, Crowley, and a third man in a white shirt were all in the alley with Heron, and that himself, McDonald-Glasco, and two little girls were nearby in the other alley within view of the shooting.

         {¶ 11} Michael B. Williams, Jr., a homeless Army veteran living on the streets of the east side of Columbus, testified he was in the alley when Heron was shot. Michael identified a picture of Green as the shooter, and he said that at one point, Green pointed the gun at him. Michael testified McDonald-Glasco was present when Green shot Heron. Additionally, Michael said he also saw two little girls in the alley as well as a young man on a bicycle. Michael testified that after the shooting, one of the men pointed a gun at the little girls and threatened them before everyone left the alleys.

         {¶ 12} Michael testified he did not immediately report what he had seen to police but, after speaking to Heron's girlfriend, he decided to come forward as a witness. In a photo array, Michael identified Green and Crowley and told police he thought that McDonald-Glasco looked like the other person he saw in the alley the day of the shooting. Aaron Mall, a detective with the Columbus Division of Police, testified about the identification procedure that Michael participated in.

         {¶ 13} Shabie Flowers, Heron's girlfriend, testified that she lived with Heron at the corner of Greenway and Taylor Avenues in October 2016. Flowers testified Heron sold marijuana and performed electrical services work to make a living, often selling marijuana in the alley behind their house. Typically, Flowers said that people who wanted to buy marijuana from Heron would call Heron's phone, and then Heron would ride his bicycle out to the alley to complete the transaction. Flowers testified she knew McDonald-Glasco, Taneja, Crowley, and Slaughter from the neighborhood. However, Flowers said she did not know Green.

         {¶ 14} Flowers testified she was at home when the shooting occurred. She said that after Heron left the house that day, she heard three loud, close gunshots, and she ran out of the house. The home security video showed Taneja and McDonald-Glasco leaving the alley, and Flowers said she asked McDonald-Glasco what he had just done. Flowers testified McDonald-Glasco responded, "I don't know. I got to get up out of here." (Tr. Vol. 2 at 392.) After that, Flowers said two little girls came running out the alley, screaming that three young men just killed Heron and threatened the little girls not to say anything.

         {¶ 15} Flowers testified she grabbed her gun and ran down the alley to Heron, where she found him lying face down with a gunshot wound to the back of his head. Flowers said she turned Heron over and tried to revive him. She testified she removed everything from Heron's pockets. When police arrived, Flowers said she returned to her house and reviewed the home security videos, showing them to detectives. Within 15 minutes of the shooting, Flowers said her sister identified McDonald-Glasco on the video.

         {¶ 16} The next day, Flowers said McDonald-Glasco rode by her house in a gold or bronze vehicle, rolled down the window, pointed a gun at her, and told her that if she kept talking, she would be next. Flowers testified she called the police, and they asked her to help identify the vehicle. Flowers said she identified a ...

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