Court of Appeals of Ohio, Fifth District, Licking
from the Municipal Court, Case No. 2018 CRB 01896
Plaintiff-Appellee J. MICHAEL KING
Defendant-Appellant TODD W. BARSTOW
JUDGES: Hon. Patricia A. Delaney, P.J. Hon. Craig R. Baldwin,
J. Hon. Earle E. Wise, Jr., J.
1} Defendant-appellant Justin Miller appeals the March 19,
2019 judgment of conviction and sentence of the Licking
County Municipal Court. Plaintiff-appellee is the state of
AND PROCEDURAL HISTORY
2} On July 11, 2019, appellant was employed by Englefield Oil
Company which operates the Duke and Duchess gas stations.
Appellant worked third shift, from 10:00 p.m. to 6:00 a.m.,
at the Newark Duke and Duchess on Mt. Vernon Road.
3} On that evening, store manager Chris Maring was awakened
around 12:45 a.m. by Tyco Security alerting him to the fact
that there was an alarm pulled at his store.
4} Newark Police Department Officer James Wells was the first
officer on the scene. Maring provided Wells with the store
security video. Wells and Newark Police Detective Jarrod
Conley reviewed the video. The officers noted several
oddities. Appellant appeared calm and was smiling during the
robbery, and the robber laid his gun on the counter in order
to take cash from the register. Then, after the robber left,
appellant waited 5 minutes to activate the security alarm.
After viewing the video, and after Conley had a conversation
with appellant, both officers suspected the robbery had been
5} After further investigation, Anthony Marshall, a friend of
appellant, became a person of interest. When Conley found
Marshall, he was wearing the same pants he wore during the
robbery. Marshall initially denied any involvement. But once
advised that a staged robbery would carry less serious
charges than an actual robbery, and after he consulted with
his mother, Marshall admitted that he, appellant, and another
friend, Joseph Wymer, had staged the robbery. Marshall
admitted he was the robber in the store surveillance video
and that Wymer had drove him to and from the scene. Wymer
later admitted his role as well. The three men split the
proceeds of the robbery.
6} Leann Horwell, director of retail operations for
Englefield Oil was tasked with calculating the loss resulting
from the robbery. She determined a total of $675 was taken
from two registers and the safe.
7} Appellant was later charged by complaint with one count
each of complicity to commit theft, making false alarms, and
falsification, misdemeanors of the first degree, and