State v. Witcher

State v. Witcher

21 Pages · 2012 · 74 KB · English

[cite as state v. witcher, 2012-ohio-4141.] state of ohio ) in the court of appeals )ss: ninth judicial district county of summit ) state of ohio

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[Cite as State v. Witcher, 2012-Ohio-4141.] STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT ) STATE OF OHIO Appellee v. THOMAS WITCHER Appellant C.A. No. 26111 APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR 11 05 1317 DECISION AND JOURNAL ENTRY Dated: September 12, 2012 MOORE, Judge. {¶1} Defendant-Appellant, Thomas Witcher, appeals from his sentence and conviction set forth in the October 13, 2011 journal entry of the Summit County Court of Common Pleas. For the following reasons, we affirm. I. {¶2} On May 17, 2011, Mr. Witcher approached Daniel Michael Gardner, a high- school senior, at a BP gas station in Cuyahoga Falls. He told Gardner that he was lost, his car was broken down at a nearby Circle K, and his father was in the hospital with Lou Gehrig’s disease. As a good deed, Gardner agreed to give Mr. Witcher a ride to the gas station in order to retrieve his car. As they neared the intersection to the Circle K, Mr. Witcher brandished a gray metallic gun with a black handle by opening his jacket and showing Gardner the weapon. He told Gardner that he no longer wanted to go to the Circle K, but that he wanted, instead, to go to an Advance Auto Parts store. 2 {¶3} Upon arriving at the Advance Auto Parts store, Gardner explained that

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