The Akron Legal News

Life sentence upheld for man who stabbed, burned, killed drug dealer

JESSICA SHAMBAUGH
Special to the Legal News
Published: June 2, 2014

The 4th District Court of Appeals recently rejected a man’s claims of self-defense and affirmed his numerous convictions, including aggravated murder, for his role in killing a drug dealer.

Thomas Steinhauer argued before the three-judge appellate panel that the Scioto County Court of Common Pleas denied him due process when it refused to give a self-defense jury instruction.

Steinhauer was charged with numerous counts, including aggravated murder, aggravated arson, tampering with evidence and conspiracy to aggravated murder stemming from the death of Felipe Lopez.

In its opening statement, the state revealed that Lopez sold cocaine.

His wife testified that never asked Lopez about his dealings with the drug, but instead told the court about his love of coaching soccer and his steady employment history.

Steinhauer told the court that he met Lopez in the spring of 2011 and the two would often socialize on Lopez’s front porch and play cards or chess.

In November of that year, Steinhauer said he started selling drugs with Lopez.

As part of the pair’s arrangement, Steinhauer would purchase cocaine from Lopez and sell it to a few individuals including Raymond Linkous and David Gerald.

The following spring, Steinhauer stated that both he and Gerald owed Lopez money.

When Lopez called to collect the debt, Steinhauer said he did not have the money, but decided to offer a 12-gauge shotgun as part of the payment.

On March 7, 2012, Steinhauer went to Lopez’s home in Portsmouth, Ohio with the gun and Gerald.

He presented Lopez with both and then left to collect Linkous.

After he returned with the fourth man, the group left the home to drive to Otway, Ohio.

Steinhauer explained that he was driving the men in a borrowed truck with Lopez sitting in the cab of the truck with him and the other two men in the bed of the truck.

During the drive, Lopez allegedly told Steinhauer that they were going to kill Linkous for being an informant.

Specifically, Lopez said that Steinhauer would be the one to kill Linkous, according to Steinhauer’s testimony.

Steinhauer told the court that he refused to kill the man and Lopez pulled a gun and threatened to kill him if he did not comply.

At that point, Steinhauer reached for his knife.

After downshifting the truck, he said he was able to grab Lopez’s gun with his left hand and stab him with his right hand.

He said he seized control of the gun when someone in the bed of the truck smashed the passenger window and started striking Lopez with a hatchet.

Once Lopez was immobilized, the group headed to Kentucky. Along the way, they stopped in an area known as Soloam Bottoms to smash Lopez’s cell phone and leave it on the ground with the hatchet. Believing Lopez was dead, they then drove to Linkous’ home in Wheelersburg, Ohio.

Ultimately, Steinhauer said Linkous poured gasoline on the truck and set it on fire with Lopez still inside.

When sheriff deputies came for him later that night, Steinhauer took them to the cell phone and the hatchet and turned over the knife he’d used to stab Lopez.

Det. Jodi Conkel told the court that she interviewed Steinhauer and she admitted on at least three occasions that the men had discussed killing Lopez prior to March 7, 2012.

A coroner also testified that the immediate cause of Lopez’s death was the multiple stab and chop wounds to the head, chest and abdomen.

However, he also explained that the fire was a contributing factor to Lopez’s demise and the inhalation of the fire was the victim’s final injury.

A jury found Steinhauer guilty on all counts and the Scioto County Court of Common Pleas sentenced him to life without parole and an additional 29 years in prison.

In his direct appeal, Steinhauer argued he was denied due process when the trial court denied his request that a self-defense instruction be given to the jury.

“Appellant contends that he acted in self-defense when he stabbed Lopez; and he produced sufficient evidence for the instruction to be given,” Judge Marie Hoover wrote for the court.

Upon review, the appellate panel determined that the first prong of the test for self-defense requires a defendant to show he was not at fault in creating the situation giving rise to the affray.

It held that “the affray” in Steinhauer’s case was when Lopez pulled a gun and threatened to kill Steinhauer.

The common pleas court found that the first prong of the self-defense test was not met because Steinhauer had discussed killing Lopez prior to the affray.

“The evidence demonstrates that Steinhauer, Linkous and Gerald went on the trip and they had brought with them the weapons used to facilitate the death of Lopez,” Judge Hoover stated, referencing the knife and the hatchet.

The judges reviewed the evidence and found that the group had discussed killing Lopez out of fear that he might kill one of them.

“Appellant’s testimony, the state’s case and the evidence presented at trial demonstrate a close question regarding the first element of self-defense,” Judge Hoover wrote.

Still, the judges held that the trial court heard all of those arguments and was in the best position to determine credibility.

“Since the trial court ‘is vested with discretion to determine whether the evidence is sufficient to require a jury instruction,’ we cannot conclude that the trial court abused its discretion in refusing to instruct the jury on self-defense,” Judge Hoover continued.

Steinhauer also argued that he was prejudiced when the trial court prohibited him from introducing relevant character evidence about Lopez.

The judges overruled that argument, however, after finding that he was, in fact, permitted to offer all of his requested testimony.

“For the foregoing reasons, we affirm the judgment of the Scioto County Court of Common Pleas.”

Judge William Harsha and Presiding Judge Peter Abele concurred.

The case is cited State v. Steinhauer, 2014-Ohio-1981.

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