 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Copley12/31/2003
Decision and Journal Entry
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made:
Defendant-Appellant, Daniel Copley, has appealed from his convictions in the Medina County Court of Common Pleas of felonious assault, aggravated robbery, and having weapons under disability, with a firearm specification running with the aggravated robbery conviction. This Court affirms.
I.
On the afternoon of August 19, 2002, Copley, who had recently been released from a seventeen-year period of incarceration for an aggravated robbery conviction, had been staying at the home of his mother in Rittman, Ohio. Because his mother was no longer willing to have Copley stay with her, Copley asked his daughter to drive him to a motel . Copley's daughter first took Copley to the home of Karen and Russell Ault, who also lived in Rittman. Copley's daughter waited in the vehicle while Copley went inside the house. While inside, Copley apparently pried open the Ault's gun case and stole a twelve-gauge shotgun and ammunition. Copley's daughter eventually dropped him off near the Legacy Inn in Wadsworth, where Copley got a room.
Because the Aults had contacted the police to report the theft of the shotgun, the police contacted Copley's daughter and mother. Given the information reported by Copley's mother and daughter, the Wadsworth police had reason to believe that Copley was intoxicated, was armed with at least one weapon, and had checked into the Legacy Inn with some sort of violent intention. It was unclear whether he intended to commit violence toward someone else or against himself.
Richard Graff, a twenty-one-year veteran of the Wadsworth Police Department, was sent undercover to the Legacy Inn to try to prevent Copley from hurting anyone. Graff drove an unmarked police car to the Legacy Inn in Wadsworth and checked into the room across from Copley's room. Graff parked outside of the room and, just after he got out of the car, Copley approached him with the shotgun. Pointing the gun directly at Graff, Copley ordered him to the ground and demanded his keys. Graff threw the keys, hoping to buy some time to make a call on his cellular phone, but Copley picked up the keys and approached the car before Graff was able to make a call.
Copley got into the unmarked police car, sitting with the shotgun straddled across his lap, but was unable to start the car. The key ring apparently had three keys for the vehicle: a trunk key and two different ignition keys because the police department had replaced the vehicle's ignition. Graff approached the car and offered to help. Copley handed him the keys and Graff got into the car. After Graff unsuccessfully tried to start the car, he attempted to pull the shotgun away from Copley. Graff grabbed the barrel of the gun while Copley held tight to the trigger area and the two struggled over the gun. Graff attempted to gain control of the weapon and, at the same time, attempted to keep the barrel of the gun from pointing at him.
During the struggle over the gun, the shotgun discharged, shooting a hole in the roof of the car. After the jolt of the gun firing, Copley again gained complete control of the shotgun and pointed it directly at Graff. A further struggle ensued and Graff eventually was able to disarm Copley. Graff had been able to make a call on the car's radio so backup officers arrived at the scene and Copley was apprehended.
Copley was indicted on charges of felonious assault with a firearm specification, aggravated robbery with a firearm specification, and having weapons under disability. Following a jury tr
Page 1 2 3 4 5 Ohio DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|