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No new trial for murder defendant who framed victim
TRACEY BLAIR
Legal News Reporter
Published: November 23, 2020
The 7th District Court of Appeals has ruled the convictions of a defendant who claimed he killed a man in an alleged armed break-in at the appellant’s home should stand.
Jeffrey Spring appealed from a Jefferson County Common Pleas Court judgment denying his postconviction petitions.
Case summary indicates that on Jan. 30, 2014, Spring called 911 to report that he had shot Stephen Boyer during an armed break-in. When police arrived, they found no evidence of a struggle and no evidence of a break-in.
Boyer was found dead with gunshot wounds, lying in front of Spring’s front door. There was a bloodstain several feet away that appeared to have been swept up with a broom. Police located a bloodstained broom outside.
During police questioning, Spring said, “I shot him once, went outside and shot him again in the head to make sure he was dead.”
Court records show the victim was found with a knife in his hand, but that it was placed in an odd manner. The knife was sent to the BCI Crime Lab for testing, where it was determined that Spring’s was the only DNA present on the knife.
Officers eventually found the firearm used in the crime inside a kitchen cabinet. The gun contained two spent shell casings and four live rounds. The bullet recovered from Boyer’s abdomen was tested and was concluded to have been fired from the weapon found in Spring’s kitchen cabinet.
Spring told the sheriff he shot Boyer once in the abdomen and again in the head so that he wouldn’t suffer. He also admitted attempting to clean up the blood with a broom, and that he had placed the knife in Boyer’s hand.
After a jury trial, Spring was found guilty as charged on one count of murder with an attached firearm specification, and one count of tampering with evidence. He was sentenced to 18 years to life in prison.
Spring testified in his own defense, claiming he shot Boyer accidentally through his closed front door. He also admitted lying about the victim breaking into his home with a knife. Spring said the real story was that he and the victim had been together at his home for 30 to 40 minutes when he discovered his prescription medication bottles were moved.
Spring said he suspected Boyer had attempted to steal from him, so he pushed Boyer out of his house and shot twice through the closed front door.
On appeal, Spring argued pro se that his trial counsel was ineffective by failing to investigate and present evidence related to his door, bullets found inside the victim for forensic evidence and pills found at the scene.
However, the appellate panel found those arguments should have been raised on direct appeal and are not subject to review.
“As appellant points out in his brief, his trial counsel was in possession of the door to appellant’s house, which contained bullet holes that appellant asserts should have been forensically examined,” 7th District Judge Gene Donfrio said in his 3-0 opinion. “Additionally, appellant testified at trial that his prescription medication bottles had been moved and he suspected appellant had attempted to steal from him. And there was a considerable amount of testimony at trial regarding the bullets that killed Boyer.
“Thus, at the time of his direct appeal, appellant was aware of the issues he raised in postconviction. He could have, and should have, raised the issues in his direct appeal. Therefore, the trial court properly denied appellant’s postconviction petitions as the issues he raised were barred by the doctrine of res judicata.”
Appellate judges Cheryl L. Waite and David A. D’Apolito concurred the trial court’s judgment should be affirmed. The case is cited State v. Spring, 2020-Ohio-4718.