Court of Appeals of Ohio, Second District, Montgomery
Criminal Appeal from Common Pleas Court Trial Court Case No.
MATHIAS H. HECK, JR., by MICHAEL P. ALLEN, Atty. Reg. No.
0095826, Assistant Prosecuting Attorney, Montgomery County
Prosecutor's Office. Attorney for Plaintiff-Appellee
S. PINARD, Atty. Reg. No. 0085567, Attorney for
1} Defendant-appellant Tracy Lamar Jones appeals his
conviction for felonious assault, a felony of the second
degree, with a firearm specification. Jones filed a timely
notice of appeal with this court on October 24, 2018.
2} Sometime in 2015, the victim, Jabbrae Moore began
dating a woman named Latoria. Moore was eventually introduced
to Latoria's brother, defendant-appellant Jones. Moore
was associated with an individual who owned several
residences in Dayton, Ohio, and he arranged for Jones to
begin living in a house located on Laurel Avenue in Dayton
(hereinafter "the residence"). Moore and Jones
reached an oral agreement whereby Jones would make an initial
down payment of $2, 000, and would then pay $500 per month in
rent while living in the residence. The record establishes
that, although Jones made the initial down payment of $2, 000
to Moore, he failed to make any further rent payments while
he lived at the residence.
3} Moore testified that on May 7, 2018, he traveled
to the residence in an attempt to speak with Jones and
possibly collect some of the delinquent rent payments. When
he arrived, Moore observed Jones entering the residence and
called out to him. Jones entered the residence without
responding to Moore. Shortly thereafter, while Moore was
speaking to another individual on the street, Jones walked
back outside of the residence and fired a gun into the air.
Moore testified that he immediately left the area and went
4} Moore testified that one day later on May 8,
2018, he left his place of employment at approximately 3:30
p.m. and drove to a store located on Hoover Avenue in Dayton,
Ohio. Before he reached the store, Moore observed Jones
reversing his vehicle into the driveway of a residence
located on Cleverly Road, a nearby street that branched off
of Hoover Avenue. Moore testified that he parked his vehicle
on Hoover Avenue and approached the location where he had
observed Jones. Moore testified that once he reached the
residence, he called out to Jones, who was standing on the
porch with two other individuals. Moore testified that Jones
then pulled a handgun from his pants and aimed it at him.
Moore testified that, at this point, he turned around and
began running back to his vehicle. After he turned around,
Moore heard a single gunshot and fell to the ground, having
been shot in the side of his abdomen. Moore testified that
while he was lying on the ground, he observed Jones and the
two other individuals get into Jones's vehicle and drive
away from the scene.
5} Moore testified that after Jones left, he got up,
ran back to his vehicle, and started driving toward Miami
Valley Hospital. While he was driving to the hospital, Moore
called his brother, Antone Moore, to inform him of the
shooting. Moore testified that, as he was driving, he became
dizzy and began losing consciousness as a result of having
been shot. Therefore, Moore decided to drive to his
aunt's residence nearby on Second Street in Dayton, Ohio.
Moore stopped his vehicle in the middle of street in front of
his aunt's house and began honking his horn in order to
get his aunt's attention.
6} Moore testified that, once his aunt approached
his vehicle, he told her that he had been shot, and she
called the paramedics. The paramedics moved Moore from his
vehicle into an ambulance and transported him to Miami Valley
Hospital. During surgery, doctors discovered that the bullet
had hit Moore's intestines in four places and also hit
his spine. Initially, Moore did not identify Jones as the
individual who shot him. However, while recovering in the
hospital, Moore informed the police that Jones had shot him.
Moore also identified Jones as his assailant from a
7} Based upon the information provided by Moore, an
arrest warrant was issued for Jones. On May 22, 2018, Dayton
Police Officer Michael Beane received a report from other
members of his unit that Jones had been seen at an apartment
complex located on North Gettysburg Drive in Dayton, Ohio.
Officer Beane testified that he traveled to that location and
observed an individual matching Jones's description
standing in the parking lot of the apartment complex. Upon
observing Officer Beane's cruiser, Jones began running
toward North Gettysburg Drive. Officer Beane exited his
cruiser and began chasing Jones on foot. Jones got on a
bicycle and began riding through traffic on North Gettysburg
Drive. Officer Stephen Lloyd, who was responding to the call
about the ongoing chase, turned onto North Gettysburg Drive
and observed Jones riding towards him. Officer Lloyd
testified that he pulled his cruiser around a traffic median
and stopped in front of Jones. Jones collided with Officer
Lloyd's cruiser, fell off the bicycle, and was arrested
by the police officers.
8} On June 21, 2018, Jones was indicted for one
count of felonious assault (deadly weapon) and one count of
felonious assault (serious harm); each count was accompanied
by a firearm specification. At his arraignment on June 26,
2018, Jones stood mute, and the trial court entered a plea of
not guilty on his behalf.
9} Prior to trial, Jones filed a waiver of his right
to a jury trial. On August 27, 2018, Jones's case was
tried to the bench. On September 27, 2018, the trial court
found Jones guilty of both counts of felonious assault as
well as the firearm specifications. The trial court ordered a
presentence investigation report (PSI). At Jones's
disposition on October 18, 2018, the trial court merged both
counts and the firearm specifications. The State elected to
proceed to sentencing on the count of felonious assault
(serious harm). Thereafter, the trial court sentenced Jones
to five years in prison for felonious assault and three years
for the firearm specification, to run consecutively, for an
aggregate sentence of eight years in prison.
10} It is from this judgment ...