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State v. Davis9/12/2003
wers and Davis argued the night of the shooting about storing a car in the garage. The implication of this testimony was that Powers did favors for Davis in exchange for drugs.
. Admittedly, the drug transaction and stolen car storage that the children witnessed took place some time before the shooting. Nonetheless, the evidence was relevant because the relationship continued in a similar pattern. Specifically, Powers still had a drug and alcohol problem, and Davis continued to request favors from Powers regarding autos that were allegedly stolen. In addition, both sons testified that they were familiar with how their father looked while using drugs, and that he had not used drugs before he left home on the night of the shooting. The autopsy indicated, however, that Powers had cocaine metabolites in his body. Although the coroner could not tell how soon before death Powers had taken cocaine, the jury was entitled to consider the evidence as bearing on motive or absence of accident. How much weight the evidence warranted was up to the jury.
. In challenging the introduction of this evidence, the defense contends that the State failed to introduce evidence of an argument. However, that is incorrect. One of Powers' sons (Justin) testified about an argument the night of the shooting. In addition, the State presented testimony from Bobbi Jo Sapp (Justin's mother), who overheard Powers and Davis argue over money a week before the shooting. Sapp was not allowed to testify about this, after being examined outside the jury's presence. Nonetheless, Sapp did testify that she told Powers not to let Davis use his garage, which is consistent with an argument having ensued between the two men over the use of the garage. Kelly Servert (Powers' fiancee), also testified that she had warned Powers not to let Davis use the garage. Again, in view of these facts, we conclude that the challenged evidence was relevant.
. The second area of disputed evidence involves questions the State asked Jessica Payne, who lived with Davis at the time of the shooting. Payne testified that Davis and Powers were friends, and drank together. The State then asked two questions to which objections were sustained: (1) whether Davis was an alcoholic; and (2) whether Davis lost his job at Target shortly before the shooting. Davis' objections were properly sustained, as these matters were irrelevant. Evidence of drinking or intoxication at the time of the shooting was pertinent - the bill of particulars alleged that Davis was under the influence of alcohol. However, the fact that an individual may be an alcoholic does not mean that he or she is under the influence of alcohol on a specific occasion. Davis' employment record was also not at issue, since it did not tend to prove any fact that was relevant - at least at the point the evidence was offered. On the other hand, since Davis did not ask for any curative instructions after his objections were sustained, any error related to these questions has been waived. State v. Davie, 80 Ohio St.3d 311, 322, 1997-Ohio-341.
. After the State rested, Davis put on evidence to support his claim that the shooting was accidental. Davis believed his family was in danger from people seeking revenge for an earlier shooting incident. Testimony during direct examination of defense witnesses indicated that the object of the revenge was Lonnie Dozier, who was in prison for drug trafficking, among other things, at the time the "revenge" was being sought. In addition to being a long-term friend of Davis, Dozier was also Powers' "drinking partner."
. On direct examination, Davis testified about the threats to his family's safety, about his relationship with Dozier and P
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