Youngstown Daily Legal News

Murder conviction stands for man involved in Columbus drug shooting

JESSICA SHAMBAUGH
Special to the Legal News
Published: July 25, 2014

The 10th District Court of Appeals recently issued an opinion affirming a man’s conviction for aggravated murder for his role in a drug-related Columbus shooting death.

The Franklin County Court of Common Pleas found Markee Horton guilty of aggravated murder and tampering with evidence after witnesses described him shooting Charles Rogers during a drug-related dispute.

At the jury trial, Lindsay Jennings testified that she was dating Horton at the time of the shooting.

She said the couple had plans to go out on Aug. 18, 2012 and Horton arrived at her home to pick her up in his red Mustang.

She said Horton asked her to drive him to his mother’s house and explained that he had been robbed of prescription drugs, which he intended to sell.

Once the two arrived at the house, Jennings told the court Horton retrieved a handgun and spoke to his brother, Rufus.

Horton then instructed Jennings to drive him to Mount Vernon Avenue and Rufus followed in a black car.

During the drive, Horton placed a phone call to ascertain that Rogers still lived on Mount Vernon Avenue.

When the group arrived at Rogers’ home, Jennings noticed Rogers and his girlfriend sitting on the porch.

As Horton and Rufus approached the porch, Rogers shoved his girlfriend into the house.

Jennings recalled both Horton and Rufus accusing Rogers of having stolen from Horton.

She said Rufus then put a gun to Rogers’ head and pulled the trigger, but the gun would not fire.

Horton then allegedly punched Rogers in the face and Rogers ran off the porch.

As Rogers ran, Jennings said Horton shot him in the back and Rogers fell to the ground.

Horton the got back in his car and told Jennings he had just shot Rogers.

He directed her to drive back to her house and she said he later stripped the car and abandoned it.

Jennings further recalled Horton asking her to drive him to a park four days later where he threw the murder weapon into a pond.

Two other witnesses also testified at the trial.

Rogers’ girlfriend testified that it was Horton who attempted to shoot Rogers in the head but failed when the weapon would not discharge.

She said it was Rufus who eventually fired the shot that killed Rogers.

A second woman who was in the area also testified that the man who got out of the red car attempted to shoot Rogers but it was the man who got out of a black car who eventually killed him.

The jury found Horton guilty of aggravated murder with a firearm specification and tampering with evidence.

The trial court sentenced him to 20 years to life in prison and Horton appealed to the 10th District.

“In his first assignment of error, appellant asserts that the trial court erred by not providing the jury with separate verdict forms for finding appellant guilty of aggravated murder as the principal offender or as an accomplice,” Judge Julia Dorrian wrote for the court.

At the close of the trial, the court instructed the jury that it could find Horton guilty as a principal offender or as an aider and abettor to the offense.

The jury was then given three verdict forms including one finding Horton guilty of aggravated murder, one finding him not guilty of aggravated murder but guilty of murder, and one finding him not guilty of either charge.

The three-judge appellate panel found Horton did not object to the jury forms at the time and therefore ruled that they may only review for plain error.

Upon review of the Ohio Revised Code, the judges determined that a defendant may be convicted of an offense “upon proof that he was complicit in its commission, even though the indictment is stated ... in terms of the principal offense and does not mention complicity.”

“Other appellate districts have concluded in similar cases that a trial court is not required to provide separate jury verdict forms for the principal offense and complicity to that offense,” Judge Dorrian stated.

“We reach the same conclusion. As explained above, a charge of complicity may be stated as a violation of R.C. 2921.03 or in terms of the principal offense.”

The judges noted that Horton was indicted on a charge of aggravated murder and that, although there was disputed evidence as to whether he fired the shot that killed Rogers, there was undisputed evidence that whichever brother did not kill Rogers had attempted to do so and was only prevented from doing so by a faulty gun.

“This evidence would allow the jury to conclude that appellant either committed the principal offense of aggravated murder or aided and abetted his brother in committing the offense. Under these circumstances, we cannot conclude that the trial court’s failure to provide separate jury verdict forms for aggravated murder and complicity to aggravated murder constitutes plain error such that the outcome of the proceedings would clearly have been otherwise if separate forms had been provided,” Judge Dorrian stated.

The judges used that same logic to overrule Horton’s argument that he was denied effective assistance of counsel when his representation failed to object to the jury forms.

After overruling Horton’s assignments of error, judges Gary Tyack and Amy O’Grady joined Judge Dorrian to affirm the lower court’s ruling.

The case is cited State v. Horton, 2014-Ohio-2785.

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