State v. Adl

[Cite as State v. Adl, 2022-Ohio-2692.] COURT OF APPEALS OF OHIO EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA STATE OF OHIO, : Plaintiff-Appellee, : No. 111170 v. : QASIM ADL, : Defendant-Appellant. : JOURNAL ENTRY AND OPINION JUDGMENT: AFFIRMED RELEASED AND JOURNALIZED: August 4, 2022 Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-20-651717-A Appearances: Michael C. O’Malley, Cuyahoga County Prosecuting Attorney, Kristin M. Karkutt, and Caroline Nelson, Assistant Prosecuting Attorneys, for appellee. Buckeye Law Office and Craig W. Smotzer, for appellant. SEAN C. GALLAGHER, A.J.: Qasim Adl1 appeals from the judgment of conviction entered by the trial court. Upon review, we affirm. 1 We note that appellant’s brief identifies appellant’s name as “Qasim Abdul Adl.” On July 20, 2021, Adl was charged under a four-count indictment with aggravated murder, murder, felonious assault, and having weapons while under disability. Counts 1 through 3 included one- and three-year firearm specifications. Adl executed a jury waiver on Count 4, having weapons while under disability. The case proceeded to trial. The state called 13 witnesses to testify. The testimony reflects that during the early morning of July 5, 2020, Terrance Nelson left his apartment around 2:00 a.m. and was the victim of a homicide. Nelson’s girlfriend, who was in her and the victim’s nearby apartment, testified that she heard male and female voices arguing outside the apartment window and, 10 to 15 minutes later, she heard at least five to six gunshots. A neighbor testified that she was awoken by gunshots and heard a male state “please don’t shoot me.” Around 3:00 a.m. that morning, Ava Griffin called 911 because she was afraid that she was going to get shot. Griffin testified that she and Adl, her then boyfriend, were drinking on the 4th of July, that they had been arguing, and that she was beaten by Adl. She testified that Adl’s “street mother”2 and two males arrived outside their apartment and were trying to remove Adl from the situation. Adl and Griffin went outside, and the group was talking loudly. Griffin did not see anyone else outside. Griffin testified that when a gray vehicle pulled up in front of the apartment building, Adl’s mom pointed toward the vehicle and said “that’s the 2 Griffin explained that Adl’s “street mother” was not his biological mother but was someone he had been staying with before he was staying with Griffin. peoples.” A hearsay objection was overruled. Griffin testified that she then observed Adl running toward the gray vehicle and shooting in the air in the vicinity of the vehicle. After observing Adl start shooting and hearing five to six gunshots, Griffin ran away from the gunfire because she was scared. She then called 911. Griffin did not directly see Adl shoot the victim and did not know where Adl got the gun. Although she admitted to drinking that night and to being drunk, Griffin testified that this did not distort her memory of the events she recalled. Responding officers described Griffin …

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