The Akron Legal News

Conviction affirmed for man who left victim incapacitated in gravel pit

ANNIE YAMSON
Special to the Legal News
Published: October 1, 2013

The 11th District Court of Appeals issued an opinion recently affirming the judgment of the Lake County Court of Common Pleas sentencing the defendant, Jeremy Tackett, to 10 years in prison.

Tackett was convicted following a jury trial of one count of aggravated robbery, one count of kidnapping and one count of theft of drugs, each with firearm specifications.

Upon appeal, Tackett claimed that the trial court erred when it failed to deliver a cautionary instruction concerning the calling of a witness as a court’s witness, and again when it failed to merge the crimes of aggravated robbery and kidnapping.

Tackett’s indictment stemmed from an incident that took place on April 18, 2012. Tackett, a tattoo artist, agreed to give the victim a tattoo.

The victim, whose name was not disclosed, arranged for Tackett to come to his aunt’s home, where he lived, to work on the tattoo.

The victim did not have any money to pay for the tattoo but explained that he was expecting cash gifts for his upcoming birthday and the two agreed that the victim would pay later.

According to court testimony, Tackett and his girlfriend, Angela Prince, went to the residence in Prince’s car.

When they arrived, Tackett explained that he did not have his equipment and that the tattoo would have to be given at another location.

Case summary stated that the victim was reluctant to leave his home because he was confined to a wheelchair.

He had two broken legs and ankles as a result of unsuccessfully attempting a back flip on St. Patrick’s Day.

Eventually, the victim acquiesced and he was lifted into the back seat of Prince’s car. The car did not have enough room for the wheelchair so it was left behind.

The victim testified that, as they drove, the conversation turned to the pain medication that he was taking for his broken legs.

He confirmed that he had just been to the pharmacy to refill his prescription and had about 80 pills on him.

Tackett asked to see the pills and the victim showed them to him. Then Tackett suggested that the victim simply pay for his tattoo with some of the prescription pain medication.

The victim refused and explained that he needed the medication to manage the pain in his legs and, at that point, Tackett directed Prince to pull over into a nearby gravel lot.

Prince obeyed and then turned off the vehicle.

According to the victim, Tackett turned around, pointed a gun at the victim and demanded his cell phone.

Tackett then dragged the victim from the car and into a gravel pit in the middle of the lot and proceeded to drive away with the victim’s pills and cell phone.

Trial testimony indicated that the victim got assistance after he dragged himself from the pit to a nearby road. He flagged down two cyclists who dialed 911.

The 911 tape was admitted into evidence and played at trial. During the call, the victim recounted what had happened and identified Tackett as the perpetrator.

Tackett took the stand to offer a different version of events. According to him, the victim revealed himself to be a drug dealer who was attempting to sell pain pills and, at some point, began brandishing a box cutter while in the car.

Tackett explained that he was upset with the victim’s “audacious behavior” and that he forcefully removed him from the vehicle.

Prince corroborated Tackett’s trial testimony but she was impeached by her prior statements to police and her prior grand jury testimony.

At sentencing, the trial court merged the aggravated robbery and theft of drugs convictions.

Tackett was sentenced to four years in prison for aggravated robbery and four years for kidnapping, to be served concurrently, plus two consecutive three-year terms for the respective gun charges.

In his direct appeal, he argued that the trial court should have issued a cautionary jury instruction regarding its calling of Prince as a court’s witness.

“The state noted on the record it anticipated Ms. Prince to be a hostile witness, given that she was uncooperative with trial preparation efforts and had continued a relationship with appellant,” wrote Presiding Judge Timothy Cannon on behalf of the appellate panel.

The record indicated that, after some discussion, with the state’s suggestion and the defense’s consent, the trial court determined it would call Prince as a court’s witness.

Tackett speculated that the jury may have been inclined to believe the trial court was vouching for Prince because it was the court who called her as a witness.

He also contended that the court should have provided guidance by instructing the jury that the testimony of the court’s witness should not be given more credibility than the testimony from others.

“At the outset, we note that appellant did not object to Ms. Prince being called as a court’s witness but, as noted above, consented to it,” wrote Judge Cannon. “Moreover, appellant failed to request any cautionary instruction or object to the omission of such an instruction.”

When calling Prince to take the stand, the trial court simply stated, “At this time Miss Angela Prince is going to be called as a witness in this matter.”

Both parties proceeded to examine the witness.

“Thus, appellant’s speculation that the jury may have believed the trial court was somehow vouching for the witness is unfounded,” wrote Judge Cannon.

The appellate court proceeded to overrule Tackett’s argument that the offenses of aggravated robbery and kidnapping were allied offenses of similar import and should have merged for the purpose of sentencing.

“The offenses ... are not allied offenses of similar import in this case,” wrote Judge Cannon. “The conviction for aggravated robbery was premised upon appellant taking the victim’s pain medication, brandishing a firearm and demanding the victim’s cell phone at gunpoint while inside the car.”

Cannon added that the kidnapping offense was premised upon Tackett putting the victim in the car, effectively trapping him in there, driving him to a remote area and then forcing him out of the car and leaving him incapacitated in a gravel pit.

“We therefore cannot conclude the trial court erred in its sentencing,” Judge Cannon concluded.

Judges Diane Grendell and Cynthia Westcott Rice joined Cannon in a unanimous affirmation of the Lake County court’s judgment.

The case is cited State v. Tackett, 2013-Ohio-4098.

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