State v. Wilks (Slip Opinion)


[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Wilks, Slip Opinion No. 2018-Ohio-1562.] NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published. SLIP OPINION NO. 2018-OHIO-1562 THE STATE OF OHIO, APPELLEE, v. WILKS, APPELLANT. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Wilks, Slip Opinion No. 2018-Ohio-1562.] Criminal law—Aggravated murder—Convictions and death sentence affirmed. (No. 2014-1035—Submitted January 24, 2018—Decided April 24, 2018.) APPEAL from the Court of Common Pleas of Mahoning County, No. 13 CR 540. ___________________ FRENCH, J. {¶ 1} Appellant, Willie Wilks Jr., was convicted of the aggravated murder of Ororo Wilkins and the attempted murders of Alexander Morales Jr. and William Wilkins Jr. A jury recommended, and the trial court imposed, a sentence of death. In this appeal as of right, we affirm appellant’s convictions and death sentence. I. TRIAL EVIDENCE A. Argument at appellant’s home {¶ 2} Evidence introduced at trial showed that around noon on May 21, 2013, Morales and William Wilkins (nicknamed “Mister”) drove to the Youngstown home of Mary Aragon, Mister’s mother, to borrow money from her. SUPREME COURT OF OHIO But appellant, who was Aragon’s boyfriend, had both of her bank cards, so the three of them went to appellant’s nearby home to get the cards. {¶ 3} Aragon knocked on the door and asked appellant for the cards; he agreed to give them to her but did not bring them outside. Mister then knocked on the door and asked appellant for the cards. Appellant told Mister that he would get them and asked Mister to come to the corner of the house. {¶ 4} Appellant soon came outside and gave Mister one card but not the other. Appellant then asked Mister to walk to the back of the house with him. Mister observed appellant “fidgeting in his pants” as if he had a weapon. Mister became angry, they exchanged words, and Mister tried to start a fight. {¶ 5} Appellant entered his house. He returned with a 9 mm handgun, chased Mister down the street, and pointed the gun at him. Mister did not believe that appellant would shoot him because people were around. Mister taunted appellant and called him names. When appellant saw Morales, appellant put the gun in his pocket. Morales introduced himself, and appellant said, “You better get your boy.” Morales replied that they had come just to get the bank cards and did not want any trouble. Appellant handed the second bank card to Morales, and Morales, Mister, and Aragon left. B. Mister’s phone call with appellant {¶ 6} Later that ...

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