ANNIE YAMSON
Daily Reporter
The 9th District Court of Appeals this week ruled that the Lorain County Court of Common Pleas properly convicted a man of aggravated robbery after it determined that the defendant’s conviction was not against the sufficiency and manifest weight of the evidence.
The defendant, John Johnson, was sentenced to a 10-year prison term after he was found guilty of robbing a Dollar General store located in Elyria.
Case summary states that Johnson, wearing nylon over his head, brandished a firearm and forced Dollar General employee, Nikita Bonner, to hand over money secured in the store’s safe and cash register.
After taking the money, Johnson fled the scene in a black four-door car.
Bonner was able to get the license plate of the car and report it to the police.
Though she could not give a detailed description of the suspect to police, she did describe his distinctive facial hair.
Investigating police officers discovered that the black car was a rental that belonged to Enterprise Rent-A-Car. The car was rented to Kathleen Gray approximately one week before the robbery.
Gray, who was contacted by the police the day after the robbery, said during an interview that she was romantically involved with Johnson’s brother.
She explained that she rented the car at Johnson’s request and she turned the vehicle over to him several days before the robbery.
Gray indicated she and Johnson had an agreement that he would return the car to her the day before the robbery took place.
However, she told the police the car was not returned as planned and she was unaware of its whereabouts on the day of the robbery.
Elyria Police Officer Todd Straub found Gray’s information to be consistent with his observation of Johnson driving the black car around a housing development for several days before the robbery.
A warrant was issued for Johnson’s arrest following the interview with Gray and he was eventually taken into custody in Elyria. The black getaway car was recovered in Cleveland.
After the arrest, Bonner was asked to view a photo lineup and attempt to identify the robber.
Court documents state that Bonner chose Johnson out of the lineup “within seconds.”
She told the police that she was 95 percent certain in her identification.
Johnson waived his right to a jury trial and his case was tried to the bench.
In his defense, Johnson offered the testimony of his sister, Ashley Brown, who said Johnson arrived at her residence on the morning of the robbery to baby-sit her children.
She testified he did not have a car when he arrived.
Johnson testified too and denied committing the robbery.
He stated that, on the morning of the incident, he dropped the rental car off at Gray’s residence before walking to his sister’s home.
He maintained he never gave the keys to anyone but instead left them in the front visor before leaving the car unlocked and unattended.
On cross-examination, Johnson said he could not identify any other person who could confirm his version of events and he admitted that he did not turn himself in to police even though he knew that there was a warrant out for his arrest.
The trial court found Johnson guilty of robbery and aggravated robbery. It merged those counts for sentencing and imposed a prison term of 10 years.
On appeal to the 9th District court, Johnson argued that there was not enough evidence to prove that he was the perpetrator of the robbery.
He also challenged the manifest weight of the evidence.
“Johnson is correct in pointing out that identity of the perpetrator is an essential element that must be proved beyond a reasonable doubt,” Judge Julie Schafer wrote on behalf of the court of appeals. “But he fails to demonstrate how the state failed to offer sufficient evidence showing that he was the perpetrator of the aggravated robbery.”
While Johnson contended that Bonner’s identification alone was not enough to support a conviction, the reviewing panel of judges held that “the testimony of a single witness, if believed by the trier of fact, is sufficient to support a conviction.”
Schafer noted that the state provided more than just Bonner’s identification as evidence and that circumstantial evidence also tied Johnson to the crime.
“The testimony offered at trial established that a black car fled the scene and that that black car was originally rented by Ms. Gray and used by Johnson before the robbery,” Schafer wrote. “In light of this proof, we find that the state offered sufficient evidence to prove beyond a reasonable doubt that Johnson was the person who committed the aggravated robbery.”
Johnson’s manifest weight challenge was premised on the same grounds as his sufficiency challenge.
“But Ms. Bonner’s testimony and the circumstantial evidence tying Johnson to the crime scene similarly show that Johnson’s conviction is not against the manifest weight of the evidence,” Schafer wrote.
The appellate panel held that the fact that Johnson offered his “own, self-serving contradictory testimony” did not warrant a reversal of his conviction since the trier of fact was “free to believe all, part, or none of the testimony of each witness.”
The court of appeals found it was reasonable for the trial court to disbelieve Johnson’s testimony and Schafer wrote that Johnson’s claim that he placed the keys of the black car in the front visor and then left the car unlocked “strains credulity.”
“Consequently, our review of the record reveals that Johnson’s aggravated robbery conviction is both supported by sufficient evidence and not against the manifest weight of the evidence,” Schafer concluded. “Accordingly, we overrule both of Johnson’s assignments of error.”
The judgment of the Lorain County court was affirmed with Presiding Judge Jennifer Hensal and Judge Donna Carr concurring.
The case is cited State v. Johnson, 2015-Ohio-1689.