from the Franklin County Court of Common Pleas SADLER, J.
C.P.C. No. 17CR-4209
O'Brien, Prosecuting Attorney, and Barbara A. Farnbacher,
J. Rigg, for appellant.
1} Defendant-appellant, Mi A. Steward, appeals from
a judgment of the Franklin County Court of Common Pleas
convicting her of two counts of felonious assault, in
violation of R.C. 2903.11, and improperly discharging a
firearm at or into a habitation, in violation of R.C.
2923.161. For the reasons that follow, we affirm.
FACTS AND PROCEDURAL HISTORY
2} The events that gave rise to this case occurred
on July 22, 2017, when the two victims, Darla Irvin and
Andrea Mann, arrived at Irvin's home after a night out.
Irvin's home was located at the end of a cul-de-sac at
1811 Alcoy Drive in Columbus, Ohio. In her trial testimony,
Irvin stated when she and Mann exited their vehicle at
approximately 9:30 or 10:00 p.m., she noticed a dark colored
vehicle parked in the cul-de-sac. She stated that when she
and Mann reached her front door, she was startled by the
sound of gunshots.
she turned in the direction of the shots, she saw a car pull
away. Irvin testified the shots were fired from the middle of
the street towards her house and that she believed three
shots were fired. According to Irvin, she called 911 about
five minutes later and reported the incident. The recording
of that call was played for the jury, over appellant's
objection, and admitted into evidence as State's Exhibit
During the call, the following exchange took place:
MS. IRVIN: Oh, my God. This girl -- me and my friend just
pulled up to my house, and we noticed there was a car already
sitting outside. And a girl -- we know the girl. She got out
and shot at my house. Like shot at me and my house.
There's bullet holes in my house. And drove off in a
911 DISPATCHER: How long ago was this?
MS. IRVIN: I don't know. It was like 5 minutes ago. Not
even 5 minutes. Probably 2 minutes ago.
911 DISPATCHER: Okay. And was anybody hit?
MS. IRVIN: Oh, my gosh. No, there was nobody hit.
MS. IRVIN: My house is like the third one.
911 DISPATCHER: What's her name?
MS. IRVIN: Her name is Sommer Steward. It was two of them. So
her and her cousin.
MS. MANN: (Inaudible.)
911 DISPATCHER: (Inaudible.)
MS. IRVIN: Yeah, her niece. Her niece's name is Mi Angel
Steward. Her niece was driving, and she's already wanted
for felonious assault. And the girl Sommer Steward is the one
who was shooting.
(Tr. Vol. II at 47-49.)
3} When police arrived at Irvin's home in
response to the 911 call, Irvin told Detective Anthony
Richardson of the Columbus Division of Police that Sommer was
the shooter and that appellant was the driver of the vehicle.
The police took photographs of the front of Irvin's home
and the kitchen. The photographs purportedly show at least
one bullet strike on the front of the home and another bullet
strike through the kitchen stove. (State's Exs. 3-1
through 3-19.) Irvin also signed her name to the photographs
of appellant and Sommer that were shown to them by police,
identifying them as the perpetrators. (State's Exs. 16
4} At trial, Irvin testified she is now 31 years
old, and she had been friends with Sommer since childhood.
She stated she had also grown up with appellant, who was
Sommer's niece. Irvin told the prosecutor that she did
not want to be in the courtroom testifying against Sommer and
appellant. In her trial testimony, Irvin insisted that she
was unable to identity either the shooter or the driver on
the night of the shooting because she never got a look at
their faces, it was dark outside, and she was under the
influence of illegal narcotics at the time of the incident.
When Irvin was asked at trial why she told police Sommer was
the shooter, she answered as follows:
We had just got into an altercation, so like I said, we was
texting back and forth. They were saying they were going to
come out and do something to me. Like I said, I just assumed,
you know, it was them. My friend [Mann] said it was them, so
I just assumed it was them.
(Tr. Vol. II at 192.)
5} Mann took the stand and asserted that she was not
in the courtroom to give testimony against appellant. She
later stated she did not want to see anything bad happen to
Sommer either. Like Irvin, Mann had been a childhood friend
of Sommer. According to Mann, she first met Sommer when
Sommer was 10 years old, and she first met appellant when
appellant was nine years old. She stated she was 32 years of
age at the time of trial, and she estimated Sommer was 29 or
30 years old. She admitted she and Sommer "had
altercations when we were younger, but nothing to complain
about." (Tr. Vol. II at 34.) She stated that her
relationship with Sommer has been "rocky for the last
year or so due to this altercation." (Tr. Vol. II at
6} Mann testified she and Irvin are best friends,
and they were both using drugs on the night of the shooting.
Mann admitted she was an opiate addict for six years, but she
maintained she was sober at the time of trial. Mann recalled
that Irvin called 911 immediately after the shooting incident
on July 22, 2017 and that she was standing close to the phone
during that phone call. During the 911 conversation, Mann can
be heard in the background speaking with Irvin as Irvin is
relaying the license plate number of the vehicle appellant
was driving. At one point during the conversation, Mann got
on the phone and told the 911 operator "[t]hey
threatened to do this. They threatened to come over to my
house. They threatened to do all of that." (Tr. Vol. II
7} After listening to the 911 recording, Mann
acknowledged that it was her voice on portions of the
recording. She testified she "[w]ent and got high"
after the 911 call and before the police arrived. (Tr. Vol.
II at 56.) Mann also remembered talking to police that night,
making a statement, and identifying photographs of Sommer and
appellant. (State's Exs. 14 and 15.) However, she
testified "I just don't remember what I said and
where it really came from." (Tr. Vol. II at 56-57.)
Outside the presence of the jury, Mann listened to the tape
recorded interview she gave to police on the night of the
incident, in order to refresh her recollection. After
listening to the recording, Mann testified, without
objection, as follows:
Q. Ms. Mann, did you have an opportunity to listen to your
interview with the police from that night of the shooting?
A. Yes, sir.
Q. And do you remember telling the police who you saw running
right towards you and the house?
A. Yes, sir.
Q. And who did you tell the police was running towards you
and the house?
A. Sommer Steward.
Q. And did you tell the police that Sommer Steward had
something in her hand when she was running towards ...