Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Bourn

Court of Appeals of Ohio, Eighth District, Cuyahoga

June 13, 2019

STATE OF OHIO, Plaintiff-Appellant,
v.
MELVIN BOURN, Defendant-Appellee.

          Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-17-618413-A

          Michael C. O'Malley, Cuyahoga County Prosecuting Attorney, Oscar Albores and Daniel T. Van, Assistant Prosecuting Attorneys, for appellant

          Mark A. Stanton, Chief Public Defender, Robert Blanshard McCaleb, Assistant Public Defender, for appellee.

          JOURNAL ENTRY AND OPINION

          ANITA LASTER MAYS, P.J.

         {¶ 1} Plaintiff-appellant, state of Ohio appeals the trial court's decision to grant a motion to dismiss rape charges against defendant-appellee, Melvin Bourn ("Bourn"), for preindictment delay. We affirm the trial court's decision.

         I. Facts and Procedural History

         {¶ 2} Bourn was indicted on June 19, 2017, on an eight-count indictment for committing two separate rapes on January 14, 2005, and April 13, 2005. On December 9, 2017, Bourn filed a motion to dismiss the charges due to prejudicial preindictment delay. A hearing was held, and the trial court dismissed the four counts of rape for the January 14, 2005 incident, but denied Bourn's motion for the April 13, 2005 incident. Bourn then filed a motion for reconsideration, and the trial court granted Bourn's motion to dismiss the remaining charges. The state is now appealing the trial court's decision to dismiss the charges from the April 13, 2005 incident.

         A. Appellant's Claims

         {¶ 3} The state claims that on April 13, 2005, Bourn raped N. J. On this day, N.J. and Bourn were having drinks at a neighborhood bar across the street from her home. N.J. noticed Bourn staring at her. She decided to leave the bar for home because she was not feeling well. N. J. walked across the street to her home, entered, and locked the door. Later, N.J.'s friend Erika Young ("Young") came to N.J.'s home to check on her. When Young opened the front door, she observed Bourn engaging in anal sex with N.J., who appeared to be unresponsive. Young waited outside on the porch for Bourn to exit, and when he did, they engaged in a verbal exchange.

         {¶ 4} Later that morning, when N.J. awoke her "butt was hurting real bad." Young asked N.J. why the man from the bar was in her home. Young told N.J. what she witnessed a few hours before. N.J. called Joseph Gay ("Gay"), her boyfriend at the time, and asked him to come to her home. Gay arrived at the home and told N.J. that he attempted to have sex with her, but because she was unresponsive, he stopped. N.J. then called EMS and went to the hospital to be examined. A rape kit was performed on N.J.

         {¶ 5} After N.J. returned home, Young, Gay, and two other individuals were with her in the house when a man came to the door. Young identified the man at the door as Bourn, the man she saw having sex with N.J. while she was unresponsive. Gay and Bourn got into a verbal altercation, and Bourn pulled out a gun. Gay tried to get the gun away from Bourn, and the gun went off three times. The bullet struck Gay in the hand, and Bourn ran away.

         {¶ 6} Six years later, in the spring of 2011, the Cleveland Police Department ("CPD") started an initiative to forward its backlogged rape kits to BCI for DNA testing. On April 19, 2013, N.J.'s rape kit was submitted to BCI. The DNA from NJ.'s rape kit was found to be a match to Bourn in May 2015. Bourn was subsequently indicted on four counts surrounding the events that occurred on April 13, 2005.

         B. Appellee's Claims

         {¶ 7} Bourn claims that prior to April 13, 2005, he met N.J. on the street and they exchanged phone numbers. On April 13, 2005, Bourn called N.J. and she invited him to a bar. Bourn claims that he abstains from alcohol so they agreed to meet at her home. Bourn arrived at N.J.'s home, and they had consensual sex in NJ.'s living room. Bourn remembers being interrupted by Young, but after she left, Bourn and N.J. finished. Bourn left N.J.'s home, promising to call soon. Later that morning, Bourn called N.J. a few times and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.