Court of Appeals of Ohio, Eighth District, Cuyahoga
Criminal Appeal from the Cuyahoga County Court of Common
Pleas Case No. CR-16-610660-A
ATTORNEYS FOR APPELLANT Mark A. Stanton Cuyahoga County
Public Defender John T. Martin Assistant Public Defender
ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga
County Prosecutor Brian D. Kraft Assistant County Prosecutor
BEFORE: Kilbane, P.J., McCormack, J., and Laster Mays, J.
EILEEN KILBANE, PRESIDING JUDGE
Defendant-appellant, Arion Andrews ("Andrews"),
appeals his convictions. For the reasons set forth below, we
In October 2016, Andrews was charged in a 16-count
indictment. Counts 1-13 related to a shooting incident on
March 8, 2016, and Counts 14-16 related to a shooting
incident on April 27, 2016. Counts 1 and 16 charged him with
the discharge of a firearm on or near a prohibited premises.
Counts 2 and 3 charged him with the improper discharge of a
firearm at or into a habitation or school. Counts 4-6 and
14-15 charged him with felonious assault. Counts 7-13 charged
him with criminal damaging or endangering. Prior to trial,
Andrews sought to suppress the evidence found in his vehicle
and at his home. The trial court granted the motion with
respect to the evidence found in his vehicle. The trial court
denied the motion to suppress as it pertained to evidence
found at Andrews's home.
Andrews waived his right to a jury trial, and the matter
proceeded before the bench. Andrews was convicted of crimes
relating only to the March 8, 2016 incident, which was
captured on video. The following relevant evidence was
adduced at trial.
During the evening hours of March 8, 2016, at Addison
Townhomes, two unknown males were shot at while standing
outside the complex. The complex is a Cuyahoga Metropolitian
Housing Authority ("CMHA") property located on Wade
Park Avenue in Cleveland, Ohio. The video depicts three males
firing in the direction of the complex. Some of the gunshots
traversed a public road. Other bullets entered multiple
vehicles and two residences. One of the males was using an
automatic rifle, and the other two males were firing
handguns. Witnesses reported to the police that Andrews was
seen in the area at the time of the shooting. The video
depicts the perpetrators arriving on scene, on foot, from the
direction of Andrews's home and later running away from
the scene towards Andrews's home. Andrews lived
approximately two blocks away from the complex.
Police found multiple casings on scene. Thirteen of these
casings, which were swabbed for DNA, were of a caliber
associated with an AK-47 type weapon. DNA testing revealed
Andrews's DNA on all of these casings.
CMHA police interviewed Andrews on two occasions in March
2016. During the course of the interviews, CMHA police
learned that Andrews's mother had been shot by unknown
parties within 24 hours prior to the shooting at the Addison
complex. Andrews suspected that Saquan Johnson shot his
mother. After Andrews was confronted by the police with the
DNA evidence on the 13 shell casings found on scene, Andrews
stated that he loaded the clip for the weapon and gave it to
his friends who were going to "ride for him."
Andrews stated that "ride for him" meant that his
friends would go get the guys who did this to his mother.
Andrews initially stated that he loaded the gun, but then
changed it to only loading the clip.
Based on Andrews's statements to the police, the state
theorized that Andrews retaliated against Saquan Johnson and
the Hough Harlem gang members because he felt that they were
responsible for shooting at his mother. Andrews believed that
the Hough Harlem gang members gathered at the Addison
After the conclusion of trial, the state dismissed Count 5,
and nolled Counts 7, 8, 10, 12, and 13, and the trial court
dismissed the furthermore clause attached to Count 9. The
trial court denied Andrews's Crim.R. 29 motion with
regard to Counts 1-4, 6, 9, 11, and 14-16. The trial court
then found Andrews guilty, on complicity grounds, of Counts
1, 2, 3, 4, 9, 11. The trial court found Andrews not guilty
of Count 6 and Counts 14-16. The trial court then sentenced
Andrews to an aggregate of seven years in prison.
Andrews now appeals, raising the following five assignments
of error for review, which shall be discussed together where
Assignment of Error One
The warranted search of [Andrews's] purported residence -
which revealed the banana clip and which prompted his
incriminating statements in the second interview - was based
on a search warrant lacking probable cause.
Assignment of Error Two
There was insufficient evidence to support the conviction in
Count 4 - felonious assault of [Perry Fullum].
Assignment of Error Three
There was insufficient evidence to support the conviction of