FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
LORAIN, OHIO CASE No. 17CR095761
APPEARANCES: GIOVANNA V. BREMKE, Attorney at Law, for
P. WILL, Prosecuting Attorney, and BRIAN P. MURPHY, Assistant
Prosecuting Attorney, for Appellee.
DECISION AND JOURNAL ENTRY
JENNIFER HENSAL, JUDGE.
Thomas Leonard appeals his convictions for complicity to
commit robbery from the Lorain County Court of Common Pleas.
This Court affirms.
According to Mr. Leonard's trial testimony, he and his
roommate, Krystalyn, got into an argument one morning because
they had no money for food or cigarettes. They both got into
Mr. Leonard's car, with Krystalyn driving, and headed to
the bank. When they arrived, Mr. Leonard approached a bank
employee and inquired about obtaining a $500 loan. The
employee informed Mr. Leonard that the bank did not give
loans for that small of an amount. Mr. Leonard returned to
his car, and Krystalyn drove to another bank and told Mr.
Leonard that she was going to ask someone for gas money.
Krystalyn then exited the car and left the engine running
while Mr. Leonard remained inside, smoking a cigarette and
listening to music. Then, suddenly, Krystalyn came running
back to the car, got back into the driver's seat, told
Mr. Leonard that she tried to rob someone and that it went
badly, and sped off. They eventually stopped at a gas
station, and Mr. Leonard took over the driver's seat
because Krystalyn was driving "like a maniac[.]"
They then drove back to Mr. Leonard's house.
After being inside his home for about ten minutes, Mr.
Leonard received a call from the police, who asked him to
come outside. As soon as he did, the police arrested him.
Notably, Mr. Leonard testified that he did not see or hear
According to the victim, Krystalyn approached her almost
immediately after she (the victim) withdrew $600 from the
ATM. Krystalyn asked for gas money, and the victim indicated
she would give her $5, but that she needed to make change at
the Rite Aid down the street. This apparently upset
Krystalyn, who then reached for the entire stack of bills. A
physical altercation ensued, and the victim began yelling for
help. Krystalyn eventually ran off without any money.
Sometime during the altercation, the victim saw Mr. Leonard
get out of the driver's side of his car and walk in front
of it with his arms in the air as if to ask
"[w]hat's going on?" The victim explained that
Mr. Leonard's car was not parked in a parking spot, but
rather in a way that would allow him to pull "[s]traight
out." The victim watched Krystalyn get into the
passenger side of Mr. Leonard's car before they sped off.
The victim later identified Mr. Leonard and Krystalyn from a
According to a witness who was across the street at Auto
Zone, he heard the victim calling for help and saw Krystalyn
running toward a car that was not parked in a parking spot.
The witness did not see Krystalyn enter Mr. Leonard's car
because his view was obstructed by another car, but he heard
the car speed off with "spinning" and
"peeling" tires. The witness then followed the car,
wrote down the license plate number, and returned to the bank
to give it to the police, whom he assumed would have arrived
An officer ran the license plate number and recognized the
owner: Mr. Leonard. The officer then drove to Mr.
Leonard's house and waited in his cruiser for
approximately 10 minutes before Mr. Leonard arrived. The
officer observed Mr. Leonard emerge from the driver's
side of the car, and head into his home with Krystalyn. Soon
thereafter, the police arrested Mr. Leonard.
A grand jury indicted Mr. Leonard on one count of robbery in
violation of Revised Code Section 2911.02(A)(2), and one
count of robbery in violation of Section 2911.02(A)(3). Mr.
Leonard pleaded not guilty and the matter proceeded to a jury
trial. At trial, the State proceeded under the theory of
complicity, and the jury returned a verdict of guilty on both
counts. Mr. Leonard now ...