Court of Appeals of Ohio, Eighth District, Cuyahoga
Criminal Appeal from the Cuyahoga County Court of Common
Pleas Case No. CR-18-626635-A
Michael C. O'Malley, Cuyahoga County Prosecuting
Attorney, and Carson Strang, Assistant Prosecuting Attorney,
Timothy Young, Ohio Public Defender, and Victoria Bader,
Assistant State Public Defender, for appellant
JOURNAL ENTRY AND OPINION
J. BOYLE, PRESIDING JUDGE.
1} Defendant-appellant, Dapri Crosby, appeals his
convictions. He raises one assignment of error for our
The juvenile court abused its discretion when it determined
that 17-year[-]old Dapri was not amenable to treatment in the
juvenile system, in violation of R.C. 2152.12(B); Fifth and
Fourteenth Amendments to the U.S. Constitution, and Article
I, Section 10, of the Ohio Constitution.
2} Finding no merit to his argument, we affirm.
Procedural History and Factual Background
3} In March 2018, Crosby was indicted on nine counts
involving four separate burglaries that took place over a
one-month span in May and June 2017. The charges included
four counts of burglary in violation of R.C. 2911.12(A)(2),
felonies of the second degree; two counts of criminal
damaging in violation of R.C. 2909.06(A)(1), misdemeanors of
the second degree; two counts of theft in violation of R.C.
2913.02(A)(1), misdemeanors of the first degree; and one
count of carrying a concealed weapon in violation of R.C.
2923.12(A)(2), a felony of the fourth degree. One of the
criminal damaging counts contained a furthermore clause that
Crosby created a risk of physical harm to the victim.
Additionally, one of the burglary counts carried a one-year
firearm specification and two of the charges (burglary and
concealed weapon) contained a weapon-forfeiture
4} The state requested that Crosby's case be transferred
to adult court. Crosby subsequently stipulated to probable
cause, and the trial court held a hearing on the issue of
amenability. The following facts were presented at the
5} Detective Michael Kitchen testified that he investigated a
burglary that took place on May 21, 2017. Police obtained a
fingerprint from the home, which belonged to Crosby. He
stated that another person was involved in the burglary, but
police were not able to identify that person.
6} Teresa Evans-Guyton testified that her home was
burglarized on May 31, 2017. She was at work when she
received an alert on her cell phone from her doorbell camera,
which also sends a video. She said that she could see someone
who she did not know knocking at her door. She saw another
young man in the driveway and then saw a car pull up to her
house with "other males." There were four males
involved. At that point, she called the police. As she was on
the phone with the dispatcher, she saw three men proceed to
the back of her house. A few minutes after that, while she
was on the phone with the dispatcher, she got an alarm on her
phone that someone had entered her back door. Evans-Guyton
left work immediately. When she got there, the men were gone.
They could be seen on the video running from her house and
getting into the car that had pulled up earlier. Crosby could
be seen in the doorbell video as the second male who rang
Evans-Guyton's doorbell. He was the only male charged in
7} Evans-Guyton testified that she did not notice anything
missing, but the back door to her house was damaged.
Evans-Guyton stated that she was "terrified" as she
"watched the entire thing unfold" and felt
"violated." She said that she has lived in her
neighborhood for a long time and nothing like this had ever
happened before. She said that this incident gave her a
"sense of fear and dread" to come home. She has had
a lot more anxiety since this incident and is "a lot
8} Nancy McLaughlin testified that on June 1, 2017, she was
at work when she received a call from her daughter who told
her that their home security company called her to tell her
that their security alarm was ringing at their house.
McLaughlin did not work far from home, so she immediately
drove home. While she was driving, she called the police who
said they were already at her home. McLaughlin's
television was missing, but nothing else. McLaughlin
explained that she had damage to two windows and a door.
McLaughlin testified that she was "angry" and
"scared." She said that she had never had anything
like that happen to her before this incident. After this
incident, she installed alarms on her windows too. She stated
that she was afraid to leave her house and is still "a
little nervous about it." Her total loss amounted to
approximately $1, 300.
9} Detective Martin Block testified that he investigated the
burglary at McLaughlin's home. He said that police were
able to lift fingerprints from the scene, and one of them
belonged to Crosby. Detective Block further explained that at
least one other male had been charged along with Crosby.
10} Denise Lang testified that on June 26, 2017, someone
broke into her home. She received a call about the burglary
around 12:30 p.m. She left work immediately. When she arrived
home, police were already there and had two suspects in
custody, one of whom was Crosby. Lang's home was in
"total disarray" and had been
"ransacked." Lang stated that nothing was damaged
or taken from her home. She was upset to learn that the
suspects had 9 mm guns on them. Lang stated that her daughter
had just left before the suspects entered her home. She said
that the incident "worried" her because her two
adult children are "in and out" of the home all of
the time and that she still thinks about it.
11} Rondell Lewis testified that he is a placement aftercare
coordinator for the Cuyahoga County Juvenile Court. Lewis
"oversees OhioGuidestone." Crosby was placed at
OhioGuidestone on October 24, 2016, which is when Lewis
became his caseworker. Lewis described Crosby's criminal
history as of the time of his placement, which began in 2013
and included numerous delinquencies for receiving stolen
property, theft, criminal damaging, escape, carrying a
concealed weapon, obstructing official business, probation
violation, and assault.
12} Lewis stated that Crosby was at OhioGuidestone until
January 18, 2017, when he went AWOL and did not complete the
program. Crosby was "discharged unsuccessfully,"
but he received many services while he was there. Some of the
services included Thinking for a Change, which teaches
children to focus on long-term decision-making, residential
treatment, drug education, anger management, and psychiatric
services. Lewis explained that Crosby had only been diagnosed
with conduct disorder, so he did not require a lot of
psychiatric services. Crosby was also enrolled in school
while he was there.
13} Lewis testified that prior to OhioGuidestone, Crosby was
enrolled at Glen Mills School from October 17, 2015, to April
15, 2016. Lewis stated that while Crosby did well at Glen
Mills and actually completed the program, Crosby got into
more trouble after he was released.
14} The court asked Lewis why he thought Crosby had such a
difficult time with services. Lewis stated that Crosby was
easily influenced by peers, like in the current cases where
there were multiple codefendants or codelinquents. Lewis said
that Crosby does not "stop and think * * * how his
decisions are going to affect him long-term." When he
gets out of a program, he goes right back to those same peers
who have a negative influence on him despite having a good
support system from his aunt who has custody of him because
his parents are deceased.
15} Crosby had also been "on home detention a number of
times," placed in "Cleveland Christian Home as a
form of shelter care," and has been referred to some
outpatient counseling programs. Crosby did not do well with
the outpatient counseling programs "due to his lack of
accountability." He also went AWOL from Cleveland
Christian Home and home monitoring when he cut off his ankle
16} Lewis stated that Crosby has also spent time in the
juvenile detention center. Lewis was aware that Crosby had
been transferred from the detention center because of
behavioral issues, but he did not know exactly what happened.
Crosby had never been sent to the Ohio Department of Youth
17} Lewis explained that Crosby was a "good kid when you
sit down and you talk to him one-to-one." He said that
Crosby is personable, intelligent, well-spoken, and
respectful. But then when he is around his peers again, he
makes bad choices and goes right back to criminal activity.
Lewis stated that it is not very often that a juvenile gets
the opportunity to go to more than one residential placement,
but Crosby did, and it still did not help him.
18} Crosby was scheduled to have a psychological evaluation
in February 2018, but he refused. Crosby's counsel,
however, stipulated to an older psychological evaluation from
September 2017. The state argued against stipulation, stating
that when a juvenile refuses to submit to a psychological
evaluation, he or she waives the right to have it admitted
under R.C. 2152.12. The court overruled the state's
objection and admitted the report.
19} In the report, Dr. Joseph Konieczny stated that
Crosby's "full scale I.Q. places him in the low
average range of intellectual functioning for individuals his
age." Dr. Konieczny further reported that Crosby
"perceive[d] himself to be experiencing acute
psychological turmoil" and "endorses feelings of
anxiety, depression, and agitation." According to Dr.
Konieczny, Crosby also "lacks self-confidence and
self-esteem" and "likely harbors intense feelings
of immaturity and insecurity." Dr. Konieczny stated that
Crosby "is likely to rationalize his behaviors and is
likely to accept little or no responsibility for his own
behaviors." Dr. Konieczny diagnosed Crosby with
"conduct disorder, adolescent onset type, severe"
and "borderline intellectual functioning." There
was no evidence, however, that Crosby "suffers from any
major mental or psychiatric disorder that is affecting his
ability to perceive reality."
20} Dr. Konieczny concluded that there was only one factor
that indicated Crosby would be responsive to rehabilitation
in the juvenile justice system, which was the fact that he
showed "a positive adjustment during his placement at
the Glen Mills School." Dr. Konieczny stated, however,
that Crosby's criminal history dating back to 2013, his
history of regular marijuana use, the fact that Crosby was on
probation at the time of the current charges, and the fact
that he was "beyond the age of majority," were all
factors that indicated Crosby would not be responsive to
rehabilitative care in the juvenile justice system.
21} After considering all of the factors before it, the trial
court found that Crosby was not amenable to rehabilitation in
the juvenile justice system and bound Crosby's case over
to the adult criminal court.
22} In adult court, Crosby pleaded guilty to an amended
indictment of three counts of burglary in violation of R.C.
2911.12(A)(3), third-degree felonies, and one count of
burglary in violation of R.C. 2911.12(A)(2), a second-degree
felony, with a one-year firearm specification.
23} The common pleas court sentenced Crosby to two years for
each of the felony-three burglary counts and six years for
the felony-two burglary, to be served concurrent to each
other and consecutive to one year for the firearm
specification, for a total prison sentence of seven years.
The court also informed Crosby that he would be subject to a
mandatory three years of postrelease control upon his release
from prison, and it waived court costs. It is from this
judgment that Crosby now appeals.
Discretionary Transfer of Jurisdiction
24} Under Ohio's juvenile justice system, there are two
types of transfer: mandatory and discretionary. State v.
Mays,2014-Ohio-3815, 18 N.E.3d 850, ¶ 17 (8th
Dist), citing State ...