State v. Greer


[Cite as State v. Greer, 2022-Ohio-3082.] IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY State of Ohio Court of Appeals No. L-21-1153 Appellee Trial Court No. CR0202002547 v. Scottie Greer DECISION AND JUDGMENT Appellant Decided: September 2, 2022 ***** Julia R. Bates, Lucas County Prosecuting Attorney, and Evy M. Jarrett, Assistant Prosecuting Attorney, for appellee. Autumn D. Adams, Assistant Prosecuting Attorney, for appellant. ***** OSOWIK, J. I. Introduction {¶ 1} Appellant, Scottie Greer, appeals the judgment of the Lucas County Court of Common Pleas, sentencing him to an indefinite prison term of 32 years to life after a jury found him guilty of murder, felonious assault, and complicity to commit tampering with evidence. Finding no error in the proceedings below, we affirm. A. Facts and Procedural Background {¶ 2} On November 20, 2020, Alvin Volker was shot and brutally beaten to death at a Stop & Go gas station located on South Avenue in Toledo, Ohio. Following an investigation into the incident, appellant was indicted on November 30, 2020, and charged with one count of murder in violation of R.C. 2903.02(A) and 2929.02, an unspecified felony, one count of murder in violation of R.C. 2903.02(B) and 2929.02, an unspecified felony, one count of felonious assault in violation of R.C. 2903.11(A)(2) and (D), a felony of the second degree, and one count of complicity to commit tampering with evidence in violation of R.C. 2921.12(A)(1) and (B), a felony of the third degree. Firearm specifications under R.C. 2941.145 were also attached to each count except tampering with evidence. {¶ 3} Appellant appeared before the trial court on December 8, 2020, and entered a plea of not guilty to the aforementioned charges. Thereafter, the matter proceeded through pretrial discovery and motion practice, culminating in a four-day jury trial that began on June 28, 2021. At trial, the state called ten witnesses. Appellant did not testify nor call any witnesses of his own. The following facts were adduced at trial. {¶ 4} Appellant’s girlfriend, Carrie Jensen, testified as to the events that transpired in the moments leading up to, and after, the shooting that took place at the Stop & Go gas 2. station.1 Jensen resided with appellant at 880 Wright Avenue in Toledo, across the street from Volker’s residence. {¶ 5} On the morning of November 20, 2020, appellant and Jensen left their residence in pursuit of purchasing some marijuana. Appellant was in the passenger seat of Jensen’s vehicle, a silver Toyota Corolla. According to Jensen, she turned onto Spencer Street from South Avenue, and then turned right onto Colburn Street, but had to turn around because a garbage truck was blocking her way. While entering through the intersection of Spencer Street and Colburn Street, Jensen and appellant saw Volker pass by in his truck heading in the direction of the Stop & Go gas station. {¶ 6} Jensen explained that she was familiar with Volker, but stated: “I didn’t know [Volker] personally, but I know he was terrorizing …

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