The Akron Legal News

Convictions affirmed for man who helped steal from home sale showings

JESSICA SHAMBAUGH
Special to the Legal News
Published: September 26, 2013

The 10th District Court of Appeals recently affirmed multiple theft and burglary convictions for a man who attended several open house events to help a woman steal personal belongings from the homeowners.

The three-judge appellate panel held that the Franklin County Court of Common Pleas had sufficient evidence when it found Michael Shipley guilty of five counts of burglary and three counts of theft.

Shipley was indicted on the counts after several Realtors reported showing homes to him and Crystal Galloway only to later find personal items missing from those homes.

Tom Amicon testified that he held an open house for a couple on Dinon Drive on Aug. 21, 2011.

Only two individuals, Shipley and Galloway, attended the open house.

Amicon stated that as soon as the two entered the home, Galloway went into the bedroom and Shipley told the real estate agent “don’t look at her” because her mother had recently died and she could start crying at any time.

Shipley told Amicon that he had taken Galloway to look at houses because she was having a tough day.

Amicon stated that the encounter was unusual and as soon as Galloway exited the bedroom the two hastily left the home.

The home owners later found that $600 worth of jewelry had been taken from the home.

Amicon contacted the police and put an alert on a Realtor’s website.

Another real estate agent reported a similar incident that day and again reported Shipley engaging the Realtor with a story about Galloway’s deceased mother while she went directly into the bedroom.

The Realtor also noted that the couple left as soon as Galloway exited the bedroom and stated that they were driving a dark truck.

The homeowners later reported $7,000 in jewelry was missing and contacted the police.

On Aug. 28, 2011, real estate agent Sandy Clapham was showing a house on Kendall Ridge Boulevard when Galloway and Shipley arrived.

She said Galloway went directly into the master bedroom and Shipley started telling her about the recently deceased mother.

Clapham said she felt uncomfortable and when she tried to check on Galloway, Shipley physically blocked her view by spreading his arms and legs.

Feeling uneasy, Clapham went outside and memorized the license plate number on the truck while Shipley spoke to a neighbor.

After the pair left, the homeowners found at least $800 of jewelry and prescription medicine missing from the master bedroom and bathroom.

Clapham reported the license plate number and descriptions to the police.

Two other Realtors had similar encounters and the pair took about $5,000 more in jewelry.

In an interview with a detective, Shipley admitted to transporting Galloway to the houses and stated that he knew she was a booster, or a professional shoplifter.

Still, he denied knowing that she was stealing from the houses.

At a jury trial, Galloway said Shipley did not know she was stealing from the houses but that he knew she often stole to support her heroin addiction.

The jury found Shipley guilty of five counts of burglary and three counts of theft.

The trial court sentenced him to 12 years in prison and he appealed.

Specifically, Shipley argued that he had permission to be in the homes so the trespass element of burglary could not have been proven.

The appellate judges held that the privilege to be in a home “cannot provide an exception to trespass when gained via deception.”

In Shipley’s case, they found he and Galloway entered the houses with the feigned interest to purchase the home.

“Additionally, each Realtor and homeowner testified if they were told appellant and Galloway had the intent to steal they would not have granted appellant access to the home,” 10th District Judge Lisa Sadler wrote for the court.

They further found that the deceit continued inside the home because Shipley told the Realtors that Galloway’s mother had died, when in fact Galloway testified that her mother was alive.

They held that because Shipley distracted the real estate agents and entered under false pretenses, he did not have permission to be in the homes.

“When viewing the evidence in a light most favorable to the state, a reasonable jury could conclude appellant deceived the Realtors by both withholding information and feigning interest in the homes such that he committed a trespass,” Judge Sadler stated.

Shipley next argued that there was no evidence to show he aided or abetted the thefts.

The judges, however, disagreed.

They maintained that because Shipley admitted knowing Galloway to be a booster and Galloway testified that Shipley knew she stole to support a drug habit, the jury had sufficient evidence to show Shipley knew she was stealing from the houses.

They also said Shipley’s actions clearly distracted the Realtors and that at one time he even physically blocked one’s view when she tried to check on Galloway.

“Appellant’s testimony to police elicited that he knew Galloway to be a booster, and the Realtors outlined many instances, as noted above, where appellant acted to conceal the activities of Galloway, including appellant’s acts of closely following or blocking the path of the Realtors when they attempted to move from the area,” Judge Sadler wrote.

“Viewing the evidence in a light most favorable to the state, we conclude appellant’s theft convictions are supported by legally sufficient evidence.”

Judges Susan Brown and John Connor concurred.

The case is cited State v. Shipley, 2013-Ohio-4055.

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