Criminal appeal from the Stark County Court of Common Pleas,
Case No. 2018CR0551
Plaintiff-Appellee JOHN D. FERRERO, BY: KRISTINE BEARD.
Defendant-Appellant WAYNE GRAHAM, JR.
JUDGES: Hon. W. Scott Gwin, P.J. Hon. William B. Hoffman, J.
Hon. Patricia A. Delaney, J.
Appellant Willie Carl Daniels ["Daniels"] appeals
his convictions and sentences after a jury trial in the Stark
County Court of Common Pleas.
and Procedural History
On March 15, 2018, Icies Fragasse, (Icies) was preparing to
move into her first apartment. At around 6:00 P.M.
Icies's family and friend's arrived to help her
paint. The friends and family present that evening included
Icies's mother, Gretchen Fragasse (Gretchen), Icies's
brother, Micha Fragasse (Micha), Micha's friend, John
Sankey aka Mills (John), and Icies's aunt, Jennifer Stone
While Gretchen and Icies were painting the living room, they
heard loud music and arguing in the alley next to the
building. Gretchen looked out the window, and saw a woman in
a white SUV and a man nearby. Later, Gretchen saw the man
carry a basket of laundry back to the truck. Icies and
Gretchen did not know the couple. Minding their own business,
they went back to painting.
Gretchen testified that as she was painting, a man kicked in
the front door. Micha approached the man and said, "who
are you?" "What are you doing" "Get out
of my sister's house." The man grabbed Micha and
Micha struggled to push the man out the door. John attempted
to help Micha in the struggle. As the two men struggled to
push the man out of the apartment, Gretchen heard three gun
shots-"pop, pop, pop." Not realizing she had been
shot in the leg, Gretchen ran toward the door to help her
son, Micha. When Gretchen reached the door, she looked right
at the man doing the shooting. She recognized him as the man
in the alley by the white SUV. Micha crawled back into the
house saying, "I was shot mom, it's burning, I'm
thirsty." Gretchen saw a bullet wound in Micha's
stomach and blood pouring through Micha's hands.
Icies ran into the kitchen and saw the man calmly walk past
the front door and briefly look inside the apartment. Icies
then saw John in the alleyway. She testified that John's
shoulder was bleeding and he could not use his arm. She saw
John collapse in a puddle of his own blood. Icies testified
that it looked like blood was "tumbling out of his
[John's] body." Icies testified that Micha was
bleeding as much as John and that her mother's leg was
bleeding. Jennifer called the police who arrived quickly.
Christopher McCartney (McCartney), an employee of Timken
Steel, was working that evening and was driving near 15th
Street. McCartney testified that he heard gunshots and saw a
white SUV speeding away from the area. He followed the
vehicle as far as 18th Street, was unable to get the license
plate number, but called the company to report the incident.
Canton Patrol Officers Krug, Lott and Slone, and Canton
Detective Mongold were dispatched to the shooting scene.
Officer Krug observed John laying in the alley, near the
apartment, in a pool of blood. Officer Krug briefly spoke
with John and continued to the residence. Inside the
residence, he observed Micha who had been shot in the
stomach, spoke with Gretchen and observed that she had
puncture wounds to her leg and foot. Body cam video from the
responding officers depicting the scene was played for the
Canton Police Officer Randy Weirich, assigned to the crime
scene unit, arrived to collect evidence, take photographs,
and process the scene. The photographs depicted the condition
of the apartment including the damage to the front door,
large amounts of blood, and tire tracks in the alley directly
behind the building. Officer Weirich did not recover any
bullets or shell casings at the scene. Officer Weirich then
went to the hospital and took photographs of John and
Gretchen's injuries. Micha was unavailable. Officer
Weirich testified that Gretchen and John's injuries were
consistent with gunshot wounds, likely from a large caliber
handgun. No firearm was recovered.
Officer Slone spoke with Gretchen and learned that the
suspect had been driving a white SUV. After speaking with
nearby residents he learned that the newest resident in the
building was a Willie Daniels, I, Daniels's father.
Officer Slone subsequently contacted the BMV and requested a
list of white SUVs in Stark County. The BMV information
identified Aaron Smith as the owner of a white SUV in Stark
County. Officer Slone also learned that Daniels had been
issued two traffic citations while he was driving Aaron
Smith's white SUV and that the vehicle had temporary
Both Detective Mongold and Officer Slone identified Daniels
as the suspect. Following the police department's
procedures and protocols, Detective Mongold used the
information to prepare a photo line-up with Daniels'
picture to be shown to Gretchen and Icies.
Meanwhile, using CJIS, Officer Slone located a resident
address for Willie Daniels. The next day, officers went to
the residence to see if they could find the white SUV. While
at the residence officers observed a white GMC Jimmy with
temporary tags pull up. They observed Daniels was in the
driver's seat and a white female was in the
passenger's seat. Daniels was arrested for the shooting
Detective Mongold prepared the photo line-ups for Gretchen
and Icies. Detective Mongold testified that an officer
unfamiliar with the investigation oversaw the photo-line up
reviews. He also testified that witnesses are asked to rank
photos in a range from one to five, one being least likely to
be the suspect and five being a positive identification.
After observing the random photos, Icies positively
identified Daniels as a number five as the perpetrator.
Gretchen ranked two photos as a four. One of the photos
ranked as a four was ...