from the Franklin County Court of Common Pleas C.P.C. No.
O'Brien, Prosecuting Attorney, and Sheryl L. Prichard,
Campbell Law, LLC, and April F. Campbell, for appellant.
1} Defendant-appellant, Alexander F. Henize, appeals
from a judgment of the Franklin County Court of Common Pleas
convicting him of multiple drug-related offenses. For the
following reasons, we affirm.
Facts and Procedural History
2} On March 2, 2018, the Franklin County Grand Jury
indicted Henize on two counts of illegal manufacture of drugs
in violation of R.C. 2925.04; five counts of aggravated
trafficking in drugs in violation of R.C. 2925.03; three
counts of aggravated possession of drugs in violation of R.C.
2925.11; one count of improperly handling firearms in a motor
vehicle in violation of R.C. 2923.16; one count of possession
of heroin in violation of R.C. 2925.11; two counts of
receiving proceeds of an offense subject to forfeiture
proceedings in violation of R.C. 2927.21; one count of
trafficking in heroin in violation of R.C. 2925.03; and one
count of endangering children in violation of R.C. 2919.22. A
firearm specification was attached to most of the offenses.
Henize initially pleaded not guilty, and he moved to suppress
evidence against him that led to multiple charges in the
3} In May 2018, the trial court held a suppression
hearing, and the following three individuals testified:
Columbus Division of Police Officers Nathaniel Harp and David
Schulz, and Vania Ramirez-Chavez. Their testimony related to
the circumstances surrounding Officer Harp's opening of a
closed Home Depot bucket during a search at the residence of
Henize and Ramirez-Chavez on December 26, 2017.
4} Officers Harp and Schulz both testified that,
sometime during the first few hours of December 26, 2017,
they were dispatched to 3894 Preserve Crossing Boulevard in
Columbus based on a report of domestic violence. It was
reported that the victim, later identified as Ramirez-Chavez,
was being held at gunpoint by her boyfriend, later identified
as Henize. When the officers arrived at the scene,
Ramirez-Chavez's mother flagged them down and provided
very similar information to what had been reported earlier.
Officer Harp could see Ramirez-Chavez holding a young child
at a third-floor window of the three story townhome-style
apartment. The officers asked her to come down and talk to
them. Ramirez-Chavez indicated that she could not comply with
that request because Henize, who had a firearm, was holding
her against her will.
5} Officer Harp instructed other officers to
position themselves for a possible barricade situation, and
they started the process of evacuating the area.
Approximately 20 minutes later, Henize came to the third
story window and communicated with Officer Harp, who
convinced Henize to exit the apartment. It took Henize longer
than necessary to exit the apartment, but when he did, the
officers arrested him. Once Henize was arrested, the officers
cleared the apartment to make sure there were no other
threats to their or the victim's safety. They began to
interview Ramirez-Chavez on the second floor of the
apartment. Ramirez-Chavez indicated to the officers that she
resided with Henize at the apartment and further stated that
Henize had held a gun to her head and threatened to kill her.
The officers therefore were interested in recovering the
weapon as part of their investigation of Henize's
6} According to the officers' testimony,
Ramirez-Chavez was asked if the officers could search for the
firearm, and she consented to that search. She also indicated
to the officers that the weapon that had been used was
somewhere on the second floor of the apartment, which is
where the kitchen was located. "She said that [the
officers] could search whatever [they] needed to find the
handgun." (May 7, 2018 Tr. at 38.) One of the officers
discovered a rifle on top of a cabinet in the kitchen and
displayed it to her. She indicated that the rifle was not the
weapon Henize had used against her because he had used a much
smaller firearm. As they continued the search for the weapon
that had been held to her head, Officer Harp noticed an
orange Home Depot bucket on the floor of the kitchen. The
bucket, which had a lid, seemed out of place and was more
than sufficient size to hold a handgun. Officer Harp opened
the lid to reveal a handgun, ...