State v. Dobson
CourtOhio Court of Appeals
Date FiledJuly 30, 2026
Docket114967
JudgeBoyle
StatusPublished
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Full Opinion
[Cite as State v. Dobson, 2026-Ohio-2929.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
STATE OF OHIO, :
Plaintiff-Appellee, :
No. 114967
v. :
RONDELL DOBSON, :
Defendant-Appellant. :
JOURNAL ENTRY AND OPINION
JUDGMENT: AFFIRMED
RELEASED AND JOURNALIZED: July 30, 2026
Criminal Appeal from the Cuyahoga County Court of Common Pleas
Case No. CR-24-697438-B
Appearances:
Michael C. O’Malley, Cuyahoga County Prosecuting
Attorney and Andrew Boyko, Assistant Prosecuting
Attorney, for appellee.
Susan J. Moran, for appellant.
MARY J. BOYLE, P.J.:
Defendant-appellant Rondell Dobson (“Dobson”) appeals his
convictions following a jury trial in the General Division of the Cuyahoga County
Common Pleas Court (“General Division”). He raises the following assignments of
error for review:
Assignment of Error I: The trial court erred when it determined
that it lacked discretion to elect between one-year and three-year
firearm specification sentences consistent with State v. Holliman,
[2025-Ohio-1187 (8th Dist.)].
Assignment of Error II: The Juvenile Court erred when it found
[Dobson’s] bindover to be mandatory rather than discretionary.
Assignment of Error III: The Trial Court abused its discretion by
denying [Dobson’s] request for reverse waiver/bindover.
Assignment of Error IV: The Trial Court committed plain error in
failing to instruct the jury that [Dobson’s] conviction for participating
in a criminal gang activity required more than passive or nominal
involvement.
Assignment of Error V: The evidence in this case is legally
insufficient to justify [Dobson’s] convictions, in violation of the Fifth,
Sixth, and Fourteenth Amendments to the United States Constitution,
and Article I, Section 10 of the Constitution of the State of Ohio.
Assignment of Error VI: [Dobson’s] convictions are against the
manifest weight of the evidence in violation of his right to due process
as provided in the Fifth and Fourteenth Amendments to the United
States Constitution and Article 1, Section 16 of the Ohio Constitution.
For the reasons set forth below, we affirm Dobson’s convictions.
I. Facts and Procedural History
A. Juvenile Court Proceedings
On June 25, 2024, the State filed a 46-count delinquency complaint in
the Juvenile Division of the Cuyahoga County Common Pleas Court (“juvenile
court”) against Dobson alleging the following crimes if committed by an adult: 1
count of participating in criminal gang activity, 13 counts of felonious assault, 3
counts of discharge of a firearm on or near prohibited premises, 3 counts of having
weapons while under disability (“HWWUD”), 3 counts of aggravated robbery, 7
counts of robbery, 4 counts of improperly discharging a firearm at or into a
habitation or a school safety zone, 4 counts of improper handling of a firearm in a
motor vehicle, 3 counts of receiving stolen property, 1 count of failure to comply, and
1 count of possession of a dangerous ordnance. Nearly all the counts included
firearm specifications. The charges related to multiple incidents occurring from
January 1, 2024, through June 24, 2024. Two juveniles were charged as co-
delinquents with Dobson. The State filed a motion to relinquish jurisdiction and
notice of mandatory bindover to General Division requesting a probable cause
hearing.
On July 10, 2024, the juvenile court held a probable cause hearing. The
State presented testimony from five detectives, as well as numerous exhibits. This
evidence will be detailed in the discussion of the second assignment of error.
After the hearing, the juvenile court found that Dobson was subject to
a mandatory bindover to the General Division. It specifically held that Dobson was
16 years old at the time of the conduct charged and that there was probable cause
for 39 of the 46 counts, including: 1 count of participating in criminal gang activity,
11 counts of felonious assault, 2 counts of discharge of a firearm on or near
prohibited premises, 2 counts of HWWUD, 3 counts of aggravated robbery, 7 counts
of robbery, 4 counts of improperly discharging a firearm at or into a habitation or a
school safety zone, 4 counts of improper handling of a firearm in a motor vehicle, 3
counts of receiving stolen property, 1 count of failure to comply, and 1 count of
possession of a dangerous ordnance, as well as all the attendant firearm
specifications.
B. General Division Proceedings
On December 6, 2024, Dobson along with Nathan Parker (“Parker”),
Lonney Jones, Arshawn Palmer, De’Auntez Crosby (“Crosby”), and William
Hampton were charged in a 72-count indictment; 42 counts pertained to Dobson
including:
Count 1 — Participating in a Criminal Gang in violation of R.C.
2923.42(A), a felony of the second degree, with one- and three-year
firearm specifications;
Counts 23, 36, 40, 48, and 60 — HWWUD in violation of R.C.
2923.13(A)(2), a felony of the third degree, with weapon forfeitures;
Counts 25, 52, and 56 — Aggravated Robbery in violation of R.C.
2911.01(A)(1), a felony of the first degree, with one- and three-year
firearm specifications and weapon forfeitures;
Counts 26, 53, and 57 — Robbery in violation of R.C. 2911.02(A)(1), a
felony of the second degree, with one- and three-year firearm
specifications and weapons forfeitures;
Counts 27, 54 and 58 — Robbery in violation of R.C. 2911.02(A)(2), a
felony of the second degree, with one- and three-year firearm
specifications and weapon forfeitures;
Counts 55 and 59 — Robbery in violation of R.C. 2911.02 (A)(3), a
felony of the third degree, with one- and three-year firearm
specifications and weapon forfeitures;
Counts 28, 38, and 43 — Felonious Assault in violation of R.C.
2903.11(A)(1), a felony of the second degree, with one- and three-year
firearm specifications and weapon forfeitures;
Counts 29, 30, 31, 32, 39, 44, 45, and 46 — Felonious Assault in
violation of R.C. 2903.11(A)(2), a felony of the second degree, with one-
and three-year firearm specifications and weapons forfeitures.
Counts 33, 34, 35, and 47 — Improperly Discharging a Firearm at or
into a Habitation or a School Safety Zone in violation of R.C.
2923.161(A)(1), a felony of the second degree, with one- and three-year
firearm specifications and weapons forfeitures;
Counts 37 and 42 — Discharge of Firearm on or Near Prohibited
Premises in violation of R.C. 2923.162(A)(3), a felony of the first
degree, with one-, three-, and five-year firearm specifications and
weapons forfeitures;
Counts 41, 51 and 65 — Improperly Handling Firearms in a Motor
Vehicle in violation of R.C. 2923.16(B), a felony of the fourth degree;
Counts 49, 50, and 62 — Receiving Stolen Property in violation of R.C.
2913.51(A), a felony of the fourth degree, with a one-year firearm
specification;
Count 61 — Failure to Comply with an Order or Signal of a Police Officer
in violation of R.C. 2921.331(B), a felony of the third degree, with a one-
year firearm specification;
Count 68 — Unlawful Possession of Dangerous Ordnance in violation
of R.C. 2923.17(A), a felony of the fifth degree, with one- and six-year
firearm specifications.
The charges alleged criminal activity occurring from January 1, 2024,
through May 20, 2024, which included displaying firearms, gang signs, and symbols
on social media, riding around in stolen vehicles, and using firearms in the
commission of robberies and shootings. Prior to trial, three of Dobson’s co-
defendants accepted plea agreements, while Dobson and Parker elected to proceed
to a jury trial.1 Dobson waived a jury, and the HWWUD counts were tried to the
bench.
The State presented 32 witnesses and over 1000 exhibits. The
following is a summary of the evidence adduced at trial that is pertinent to this
appeal.
Count 1 — Criminal Gang Activity — January-May 2024
Detective Michael Harrigan (“Det. Harrigan”) of the Cleveland Police
Department’s Gang Impact Unit testified at trial as a criminal gang expert without
objection by defense. He testified to his investigation of several gangs, which
ultimately led to the discovery of a criminal organization known as “237.” According
to Det. Harrigan, this gang consisted of a combination of several gangs, including
Blitz gang, which is referred to as “27,” Check Gang which is referred to as “37,” and
a gang referred to as “LTB” or “117.” (Tr. 1627-1630.) Det. Harrigan testified that
237-gang territory encompassed the areas near East 123rd Street and Locke Avenue
and East 117th Street and St. Clair Avenue in Cleveland’s fifth police district, as well
as Hough Avenue and East 59th Street in Cleveland’s third police district. Based on
his investigation, he testified that 237 formed near the end of 2023 or early January
2024.
Det. Harrigan testified that he identified several individuals through
social media, including Dobson and the codefendants, who were involved with the
1 Nathan Parker’s convictions were affirmed by this court on June 11, 2026. See
State v. Parker, 2026-Ohio-2178 (8th Dist.).
237 gang. These individuals commonly posted on social media together, engaged in
group messages, and were observed interacting regularly by Det. Harrigan. He
noted regular and recurrent use of emojis, specifically green hearts and snakes, and
references to the number 237, which, based on his experience, indicated inclusion
in the gang. Dobson was pictured in several of these posts.
Det. Harrigan also identified multiple Instagram handles that he
determined were owned and operated by members of 237. Two Instagram handles
were associated with Dobson and identified as @Fr33dabros17 and @Hitdafully17.
These accounts were involved in several group chats observed by Det. Harrigan,
including an exchange from @Hitdafully17 wherein Dobson demanded an
individual remove content claiming to be part of the 237 gang because he was not a
member. Det. Harrigan also stated that Dobson’s nicknames are “Rondo” and “Ron
Ron.” (Tr. 1658.)
Det. Harrigan testified that the members of 237 also participated in
shared music named “237 music” and a shared cash app account. The cash app
account was linked to @Fr33dabros17. In addition to the online accounts, Det.
Harrigan identified members through several photos and videos wherein members
shared specific articles of clothing, including a black and white hooded sweatshirt
with the word presidential over the top and the number 23 in the center (hereafter
“23 sweatshirt”), as well as a black and white hooded sweatshirt with Benjamin
Franklin depicted on the front (hereafter “Ben Franklin sweatshirt”).
During an Instagram live video, Dobson was observed wearing the 23
sweatshirt where he displayed a firearm. He was also wearing the 23 sweatshirt
during a shooting that occurred at a basketball court. Parker was also observed in
the same sweatshirt on several occasions, including when he and Dobson were
arrested. Dobson was wearing the Ben Franklin sweatshirt on the day he was
arrested. He also wore the Ben Franklin sweatshirt in several Instagram posts.
Former gang member Nicholas McGee (“Nicholas”) testified for the
State about his previous involvement and knowledge of 237. He described 237 as a
group of teens that hang around each other, like a brotherhood. Nicholas was able
to identify Dobson, Parker, and several other individuals as members of 237. He
testified that he communicated daily with these individuals on social media and that
they would use social media to obtain guns, clothing, and drugs and to participate
in “clown opps.” (Tr. 1378.) Nicholas explained that “opps” are gangs who are in
opposition to the 237 gang and “clown opps” is when rival gangs make fun of each
other. Nicholas confirmed that 237 had disputes, referred to as “beefs,” with other
gangs and would disrespect or “clown opps” with rival gangsthrough Instagram and
social media. (Tr. 1377-1378.) Nicholas further testified that he knew Dobson his
nickname was “Ron-Ron,” and @Fr33dabros17 was Dobson’s Instagram handle.
(Tr.1369-1375.)
The jury found Dobson guilty of Count 1, participating in a criminal
gang and the attendant one- and three-year firearm specifications.
Count 23 — Instagram Live – April 13, 2024
Det. Harrigan testified that on April 13, 2024, while monitoring the
Instagram Account @Hitdafully17, which was identified as one of Dobson’s
accounts, Det. Harrigan observed a live Instagram video of Dobson, Parker, and two
other gang members brandishing weapons, which were equipped with automatic
conversion devices that allow semiautomatic weapons to be converted into
automatic weapons with the flip of a switch. (State’s exhibit No. 2.) The conversion
devices are also known as auto-sears or Glock “switches.” (Tr. 1731-1732.) Det.
Harrigan testified that in the video, Dobson held the “Draco-style firearm with the
red tape around the handgrip.” (Tr. 1711.) From the video, Det. Harrigan
determined that Dobson and his friends were in the area of 2265 East 100th Street.
Subsequently, on April 23, 2024, Det. Harrigan executed a search warrant on this
property, recovering, among other things, eight firearms and several drum
magazines that were similar to the drum magazines displayed in the Instagram Live
video. (State’s exhibit No. 1002.)
Dobson was found guilty of HWWUD by the trial court as it pertains
to these actions.
Counts 25-36 — Basketball Court Shooting — April 15, 2024
On April 15, 2024, there was a shooting between multiple individuals
of the 237 gang and individuals from another group. This occurred during the day,
in the area of the basketball court located at Magnet School on East 59th and Hough
Avenue, with dozens of bystanders present. The shooting was captured on video
surveillance. (State’s exhibit Nos. 471-472.) Det. Harrigan identified Dobson in the
video of this incident as one of the people running, pointing a gun, and then tripping
over Crosby. (Tr. 1753-1754; State’s exhibit Nos. 1 and 471.) He testified that
“several individuals” were shooting during the incident. (Tr. 1755.) Dobson was
wearing the 23 sweatshirt and admitted during an interview with detectives that he
was present and had tripped over codefendant Crosby while running from the scene,
which was also captured on video. Three homes were struck with bullets, and one
bystander was struck in the leg by a bullet. Numerous shell casings were recovered
throughout the basketball court and barbecue area.
At the Crim.R. 29 motion hearing, the trial court granted said motion
dismissing one count of aggravated robbery and two counts of robbery. Dobson was
found not guilty by the jury of three counts of felonious assault concerning three
John Does. Nevertheless, the jury returned a guilty verdict for two counts of
felonious assault for the person shot in the leg and three counts of discharge into a
habitation for the three homes struck by gunfire. The trial court returned a guilty
verdict of one count of HWWUD.
Counts 37-41 — East 77th and Superior — April 16, 2024
The next day, during a drug deal gone awry, an individual was shot in
the ear. Video surveillance captured the shooting, which was in the area of East 77th
and Superior Avenue. (State’s exhibit Nos. 547-548.) The video shows a Toyota
4Runner with a broken driver’s side rear window as the suspect vehicle. Det.
Harrigan identified an individual in the surveillance video wearing the Ben Franklin
sweatshirt who he believed to be Dobson because Det. Harrigan observed Dobson
wearing the same sweatshirt throughout his investigation. Dobson was arrested on
April 25, 2024, wearing the Ben Franklin sweatshirt.
The jury returned not guilty verdicts for all counts associated with this
event, including two counts of discharge of a firearm on or near prohibited premises,
one count of felonious assault, one count of HWWUD, and one count of improper
handling of a firearm in a motor vehicle.
Counts 42-51 — Hecker Avenue and East 74th — April 24, 2024
Sometime in April 2024, the owner of a 2020 blue Kia Optima
reported that her vehicle was stolen from her driveway. On April 24, 2024, while
the owner was driving with her boyfriend and their toddler, they observed her stolen
Optima with five occupants. The owner followed her blue Kia Optima, while calling
police. The stolen blue Kia Optima stopped at 7304 Hecker Avenue. The owner
stopped behind her blue Kia Optima, and a silver Kia stopped behind the owner,
boxing her in between the two Kias. Several individuals exited the blue Kia Optima
and fired multiple rounds into the vehicle that the owner was driving. Then the
individuals in the silver Kia drove past the owner and fired rounds into the vehicle
she was driving. The shooting was captured on video surveillance. (State’s exhibit
No. 184.) The boyfriend was shot in the eye, which resulted in the complete loss of
one eye. No other occupants were injured; however, a home on East 74th Street
where Hecker Avenue dead ends was hit by bullets. Detectives recovered shell
casings from the scene.
At the Crim.R. 29 hearing, the trial court granted said motion as to
one count of discharge of a firearm at or near prohibited premises, four counts of
felonious assault, one count of improper discharge of a firearm into a habitation,
one count of HWWUD, and two counts of receiving stolen property. As it pertains
to this shooting, the jury returned a guilty verdict on Count 51, improper handling
of a firearm.
Counts 52-68 — Aggravated Robbery of the Brothers and Crash —
April 25, 2024
On April 25, 2024, two people who described themselves as brothers
drove to the area of Wade Park to conduct a sale of marijuana with persons who
arrived in a silver Kia Sportage. One person from the silver Kia exited the front
passenger seat and brother one entered the silver Kia’s front passenger seat to
conduct the sale while brother two remained in their vehicle. Upon entering the
silver Kia, the people in the silver Kia pulled guns on brother one. Brother one
described three guns, including a Glock 19 handgun with a drum magazine, a Glock
23 handgun with an extended magazine, as well as an automatic assault rifle pistol
(“ARP”). Brother one testified that both Glock handguns had a conversion switch.
The people in the silver Kia took several items from brother one, including
marijuana and a phone.
Brother two testified that he was lying in the backseat of their vehicle
when an occupant of the silver Kia entered his vehicle and started searching it. The
person wore a red jacket and mask and had an ARP. He then observed his brother
exit the silver Kia and the driver of the silver Kia pointing two guns at him. Brother
two moved to the driver’s seat of his vehicle and when brother one returned to the
vehicle they chased after the silver Kia. However, they were able to flag down police
in the area, who then chased the silver Kia. The brothers identified a photograph of
the silver Kia Sportage involved. (State’s exhibit No. 980.)
Cleveland Police Officer Robert Bjekic (“Officer Bjekic”) testified that
he was working on both April 24 and 25, 2024. He responded to the shooting of the
boyfriend and was aware of two suspect vehicles: a blue Kia Optima and silver Kia
Sportage. The following day, while on patrol, Officer Bjekic encountered the silver
Kia Sportage in the area of Wade Park. He was then flagged down by the two
brothers who reported an aggravated robbery that had just occurred. The same
silver Kia Sportage was identified as a suspect vehicle and was spotted by officers
fleeing the area.
Shortly after the silver Kia Sportage fled the robbery location, it was
chased by members of the Cleveland police department. The silver Kia clipped a
dump truck and crashed. The vehicle accident was captured on video surveillance,
which also shows three people fleeing from the silver Kia. (State’s exhibit No. 981.)
Dobson was arrested following a short foot pursuit. At the time, he was wearing the
Ben Franklin sweatshirt that was pertinent to Det. Harrigan’s 237 gang
investigation. Parker was also arrested after the crash. He was wearing the 23
sweatshirt. Three firearms were recovered. An ARP (long gun) was recovered from
the silver Kia, and two Glock 23s with large drum magazines and gold Glock switches
were recovered a short distance from the vehicle where they were discarded as the
individuals fled.
Cleveland Police Detective Daniel McCandless (“Det. McCandless”)
testified that he observed the crash and three people fleeing from the vehicle. He
also observed two Glock 23 handguns on St. Clair Avenue approximately five feet
from the vehicle. (Tr. 1047.) The firearms were discarded when Dobson, Parker,
and another person exited the silver Kia. Det. McCandless photographed and
secured the Glock 23 handguns. He also observed a long gun (ARP) in the passenger
side of the silver Kia.
It is unclear from the evidence whether the fourth person in the silver
Kia fled on foot from the scene of the robbery or exited the vehicle prior to the crash.
DNA was collected from both Dobson and Parker, which was later
matched to swabs taken from the Silver Kia Sportage and Blue Kia Optima
connecting both of these individuals to the stolen vehicles.
The two Glock 23 handguns contained serial numbers CAKT850 and
CBPU905. The gun containing serial number CBPU905 matched shell casings
recovered from the basketball court shooting, the shooting where an individual was
hit in the ear, and the scene where boyfriend lost his eye. The gun containing serial
number CAKT850 matched shell casings recovered from the shooting where the
individual was shot in the ear. In addition, this same gun was displayed, with the
serial number visible, by Dobson in one of his social media posts.
At the Crim.R. 29 motion hearing, the trial court dismissed Count 61,
failure to comply. The jury returned guilty verdicts on all counts and the attendant
one- and three-year firearm specifications related to this event, including two counts
of aggravated robbery, six counts of robbery, and one count each of receiving stolen
property, improper handling of a firearm in a motor vehicle, and possession of a
dangerous ordnance. The trial court found Dobson guilty of HWWUD as it
pertained to this event.
Sentencing
Immediately following the trial, the court proceeded to sentencing.
Dobson was sentenced to 18 years in prison on the firearm specifications, to be
served prior to and consecutive to a term of 3 years in prison for the underlying
offenses, which were ordered to be served concurrently, for a total prison term of 21
years. In addition, he was sentenced to a mandatory minimum of 2 years up to a
maximum of 5 years of postrelease control. Fines and court costs were waived, and
Dobson received 302 days of jail-time credit. This appeal followed.
For ease of discussion, the assignments of error will be addressed out
of order.
II. Law and Analysis
A. Mandatory Transfer and Probable Cause
In Dobson’s second assignment of error, he asserts that the juvenile
court erred when it transferred Dobson’s case to adult court as a mandatory
bindover because it was based on insufficient and hearsay evidence that he
personally possessed a firearm during the offenses. He further alleges that
complicity (being present or associated with others who had a firearm) is not enough
for a mandatory bindover under Ohio law.
The State counters that the bindover was mandatory pursuant to
R.C. 2151.10(A), hearsay is admissible in juvenile bindover proceedings, and there
was sufficient evidence demonstrating that probable cause existed to believe that
Dobson committed the acts charged.
“This court’s review of the juvenile court’s probable-cause
determination involves questions of both law and fact. ‘[W]e defer to the trial court’s
determinations regarding witness credibility, but we review de novo the legal
conclusion whether the state presented sufficient evidence to demonstrate probable
cause to believe that the juvenile committed the acts charged.’” In re J.W., 2026-
Ohio-1972, ¶ 24 (8th Dist.), quoting In re A.J.S., 2008-Ohio-5307, ¶ 51.
“As a general rule, juvenile courts have exclusive jurisdiction over
children alleged to be delinquent for committing acts that would constitute a crime
if committed by an adult.” In re J.W. at ¶ 18, citing In re M.P., 2010-Ohio-599, ¶ 11,
citing R.C. 2151.23(A). “However, R.C. 2151.10 and 2151.12, in conjunction with
Juv.R. 30, create a narrow exception to the general rule and provide for the
mandatory or discretionary transfer of cases involving allegedly delinquent children
to the adult criminal court under certain statutorily prescribed situations.” Id. R.C.
2152.10(A) sets forth which juvenile cases are subject to mandatory bindover and
provides, in relevant part:
(A) A child who is alleged to be a delinquent child is eligible for
mandatory transfer and shall be transferred as provided in section
2152.12 of the Revised Code in any of the following circumstances:
...
(2) The child is charged with a category two offense, other than a
violation of section 2905.01 of the Revised Code, the child was sixteen
years of age or older at the time of the commission of the act charged,
and either or both of the following apply:
...
(b) The child is alleged to have had a firearm on or about the child’s
person or under the child’s control while committing the act charged
and to have displayed the firearm, brandished the firearm, indicated
possession of the firearm, or used the firearm to facilitate the
commission of the act charged.
Therefore, “transfer of a juvenile to adult court is mandatory when
three elements are met: (1) the juvenile is 16 years old at the time of the crime, (2)
there is probable cause to believe the juvenile committed a category-two offense, and
(3) there is probable cause to believe that the juvenile displayed, brandished,
indicated possession, or used a firearm to commit the offense.” In re J.W. at ¶ 19
citing R.C. 2152.10(A)(2)(b).
In this case, Dobson stipulated to his date of birth, thereby
establishing that he was 16 years old at the time the alleged offenses were
committed. (Juv. tr. 11.) Further, he was charged with three counts of aggravated
robbery in violation of R.C. 2911.01(A) with one- and three-year firearm
specifications. Aggravated robbery is a category-two offense. R.C. 2152.02(BB)(1).
Finally, the complaint alleged that Dobson possessed a firearm during the
commission of the offenses. Therefore, a mandatory-bindover proceeding was
required under R.C. 2152.10(A)(2)(b). State v. Aalim, 2017-Ohio-2956, ¶ 13.
“To establish probable cause in a bindover proceeding, the State must
present credible evidence supporting each element of the alleged offense.” In re
J.W. at ¶ 21, citing State v. Iacona, 93 Ohio St.3d 83, 93 (2001). “[P]robable cause
exists when the facts and circumstances are sufficient to provide a reasonable belief
that the accused has committed a crime.” State v. Martin, 2022-Ohio-4175, ¶ 17.
“Probable cause requires ‘more than bare suspicion’”; “[t]he circumstances must
demonstrate a ‘fair probability’ that a crime has been committed.” Id. at ¶ 18,
quoting Brinegar v. United States, 338 U.S. 160, 175 (1949), and Illinois v. Gates,
462 U.S. 213, 238 (1983). Thus, probable cause requires “credible evidence that
‘raises more than a mere suspicion of guilt’” but does not require evidence of guilt
beyond a reasonable doubt. In re D.M., 2014-Ohio-3628, ¶ 10, quoting Iacona at
id.
“[T]he juvenile court’s role in a mandatory-bindover proceeding is
that of a gatekeeper because it is ‘charged with evaluating whether sufficient credible
evidence exists to warrant going forward with a prosecution on a charge that the
legislature has determined triggers a mandatory transfer of jurisdiction to adult
court.’” In re A.J.S., 2008-Ohio-5307, at ¶ 46, quoting In re A.J.S., 2007-Ohio-3216,
¶ 22 (10th Dist.). Accordingly, “the juvenile court’s role in the bindover hearing is
that of a gatekeeper as opposed to the ultimate trier of fact.” In re A.J.S., 2008-
Ohio-5307, at ¶ 31.
Further, “[a] probable-cause hearing is a preliminary, non-
adjudicatory proceeding wherein the court’s function is not to determine guilt, but
rather whether there is probable cause to believe the juvenile committed the alleged
acts.” In re B.A.T., 2023-Ohio-3366, ¶ 24 (8th Dist.), citing In re J.R., 2021-Ohio-
2272, ¶ 37 (8th Dist.). “Because a probable-cause hearing is non-adjudicatory, the
evidence presented at the hearing does not need to meet the same standards as those
for admissibility at trial.” Id. citing id. at ¶ 37. In fact, this court has stated that
“[c]onfrontation clause standards for the admissibility of evidence and the Ohio
Rules of Evidence do not apply to probable-cause hearings.” In re J.R. at ¶ 37.
With the foregoing law in mind, we review the evidence presented
during the bindover hearing to determine whether the State presented sufficient
credible evidence that Dobson participated in three aggravated robberies, including
the alleged aggravated robbery at the basketball court on April 15, 2024, and the two
alleged aggravated robberies of the brothers on April 25, 2024.
Aggravated robbery under R.C. 2911.01(A) states that no person while
attempting or committing a theft offense or in fleeing immediately after the attempt
shall have a deadly weapon on or about the offender’s person or under his control
and either display the weapon, brandish it, indicate that he possesses it, or use it.
At the probable-cause hearing, the State offered testimony from five
detectives, as well as multiple videos, photographs, and social media posts, to
establish the elements of the alleged offenses. Each detective testified to their
investigations, as well as a summary of each alleged victim’s statements. As stated
previously, the Ohio Rules of Evidence do not apply to probable-cause hearings;
therefore, hearsay evidence is admissible in a probable-cause hearing. As a result,
the juvenile court did not err by relying on the detectives’ testimony, much of which
was hearsay.
As it pertains to the alleged aggravated robbery at the basketball court
on April 15, 2024, Dobson argues that the State relied on hearsay evidence and that
at best the evidence suggested that Dobson was complicit. We disagree.
Det. Harrigan described the video evidence that captured the
basketball court shooting. (Juv. tr. 117 and State’s Juv. exhibit No. 1.)2 The video
depicts seven individuals walking onto the court. (Juv. tr. 117 and State’s Juv.
exhibit No. 1.) All seven are wearing dark-colored hooded sweatshirts, except
Crosby who is wearing a brown-colored hooded sweatshirt. (Juv. tr. 117.) All seven
have their hoods up, and all seven have black masks covering half their faces.
Det. Harrigan testified that during an interview with police, Dobson
identified himself from a still photo taken from the video. (Juv. tr. 118.) Dobson is
wearing the 23 sweatshirt, which he was also wearing in an Instagram live video two
days early where he displayed a firearm. (Juv. tr. 98, 119.)
Also, notable in the basketball court video are Dobson’s black shoes
with red accents that are unique to him and identifiable through both angles of the
videos. (State’s Juv. exhibit No. 1.) After a few minutes, the seven individuals leave
2 State’s Juv. exhibit No. 1 coincides with State’s exhibit Nos. 471 and 472, which
depict both angles of the basketball court shooting.
the court and approach a person. Parker is the first to pull his firearm out of the
backpack that he is wearing on the front of him. (Juv. tr. 120.) Dobson can be
observed pointing his gun at the person’s head as two others grabbed the person and
appeared to be rifling through his pockets. (State’s Juv. exhibit No. 1.) Dobson
closes the two-foot gap and puts the gun to the back of the person’s head. (State’s
Juv. exhibit No. 1.) Someone starts shooting and gun fire is exchanged while
everyone scatters. (Juv. tr. 120 and State’s Juv. exhibit No. 1.) As they flee the area,
Dobson and Crosby trip over each other and they both fall to the ground next to the
bleachers on the basketball court. (Juv. tr. 118 and State’s Juv. exhibit No. 1.) The
video evidence clearly shows both Crosby and Dobson with guns, and Dobson can
be seen pointing his weapon in the direction of several homes. (State’s Juv. exhibit
No. 1.) Both Dobson and Crosby, along with a third person, appear to be firing their
weapons. (State’s Juv. exhibit No. 1.)
As stated previously, the trial court is tasked with determining whether
there is probable cause to believe that Dobson displayed, brandished, indicated
possession, or used a firearm to commit the offense. Probable cause does not require
evidence of guilt beyond a reasonable doubt; rather it requires credible evidence that
raises more than a mere suspicion of guilt. Based on the testimony of Det. Harrigan
and State’s Juv. exhibit No. 1, we find that there was sufficient credible evidence that
Dobson participated in the alleged aggravated robbery at the basketball court and
was in possession of a firearm and used the firearm during the incident. Therefore,
the juvenile court’s finding of probable cause as to the basketball court shooting was
proper.
As it pertains to the alleged aggravated robbery of the two brothers
that occurred on April 25, 2024, Dobson argues that there is no evidence that he had
a firearm. He contends that the evidence included inconsistent hearsay when
Cleveland Police Detective Scott Carey (“Det. Carey”) testified that the brothers
indicated that there were four individuals with guns involved in the robbery;
however, only three individuals bailed from the vehicle and only three guns were
recovered. Therefore, Dobson contends there is no evidence he had a firearm.
Again, we disagree.
Det. Carey testified that the brothers were contacted by an individual
to purchase a quarter pound of marijuana. (Juv. tr. 59.) The parties met. There
were four people in a silver Kia, one person exited the Kia and brother one entered
the Kia to make the transaction. The person who exited the Kia entered the brother’s
vehicle and started searching the car. (Juv. tr. 60.) He then pulled out a gun and
pointed it at brother two. At the same time, the three people in the silver Kia,
pointed guns at brother one and took the marijuana. The three fled and the brothers
flagged down officers who were already watching for the silver Kia, which had been
stolen the previous day. (Juv. tr. 60.)
Video evidence captured the police chase and the silver Kia clipping a
dump truck and crashing. (State’s Juv. exhibit No. 20.) One person, who was
identified as Dobson, fell out of the silver Kia as it crashed. (Juv. tr. 64.) Dobson
stood up and ran but was quickly caught by police. (Juv. tr. 63.) Two other people
can be observed exiting the vehicle and fleeing. Parker was also caught at this time.
Although a firearm was not recovered from Dobson’s person, three loaded firearms
were recovered from the scene — one from the front passenger seat of the silver Kia,
one fell out of the vehicle when the three fled, and one was located 15 feet from the
vehicle. (Juv. tr. 77-78.) Additionally, Det. Harrigan testified that the shell casings
that were recovered from the basketball court shooting matched one of the firearms
recovered near the silver Kia. (Juv. tr. 136-137.)
Again, the juvenile court is tasked with determining whether there is
probable cause to believe that Dobson displayed, brandished, indicated possession,
or used a firearm to commit the offense. Probable cause does not require evidence
of guilt beyond a reasonable doubt; rather it requires credible evidence that raises
more than a mere suspicion of guilt. Furthermore, the elements of an offense may
be proven by direct or circumstantial evidence. State v. Wingfield, 2019-Ohio-1644,
¶ 51 (8th Dist.). Direct evidence exists when “a witness testifies about a matter
within the witness’s personal knowledge such that the trier of fact is not required to
draw an inference from the evidence to the proposition that it is offered to establish.”
State v. Cassano, 2012-Ohio-4047, ¶ 13 (8th Dist.). Circumstantial evidence is
evidence that requires “the drawing of inferences that are reasonably permitted by
the evidence.” Id. Direct and circumstantial evidence are of equal evidentiary value.
State v. Santiago, 2011-Ohio-1691, ¶ 12 (8th Dist.).
At the probable cause hearing, the detective testified that the brothers
met with four people in a silver Kia to sell marijuana. Brother one stated that three
people in the silver Kia pointed guns at his head. This happened while a fourth
individual was pointing a gun at brother two and searching through the brothers’
vehicle. The silver Kia fled the scene with at least three people in the vehicle. The
video evidence showed that when the silver Kia crashed, within minutes of the
robbery, three people bailed from the vehicle and fled. Dobson was identified as one
of the three people. And three firearms were recovered in and near the silver Kia.
Although there was no direct testimony that Dobson had a gun, we find that there
was sufficient credible, circumstantial evidence that Dobson was one of the people
in the silver Kia who pointed a gun at brother one while they stole the marijuana
from the brothers.
Furthermore, there was sufficient, credible evidence that Dobson put
a gun to the individual’s head at the basketball court while two others tried to take
something from him. Because there was sufficient, credible evidence to conclude
that Dobson committed three aggravated robberies with