Groves Trial - Sentencing

the jury has returned verdicts of guilty against the fennec Daniel groves as two counts 2 through 11 and returned verdicts of guilty as the definitive gross on counts one through 11s charged like to hear from counsel at this point their positions on the doctrinal merger as to their positions as to any of these offenses being allied offenses of similar import mr. Kamin I'm gonna discuss both defendants at the same time here so I the verdicts are a little different there some are enough I completely can do that certainly your honor what's the state's position on merchants well Your Honor with regard to aggravated murder and murder the state which would apply to Jessica gross case the state would concede that murder would merge into count 1 aggravated murder as well as count 11 which we have as the the last injuries the non-healing fractures count 11 would merge into count two for the felonious assault in count two murder therefore that would also merge in the count one for the purposes of sentencing on miss groves we would have liked to go with count one aggravated murder for sentencing purposes state of Ohio would submit the count three the kidnapping and count six the interference with custody would merge together they would not merge with one any other count we would elect to proceed with count three on sentencing for that and if I might add your honor that brings into account potentially Reagan tokes which became effective on March 22nd of 2019 the allegations as to the date of the kidnapping transverse lack of a better term the effective date for the purposes of sentencing the state of Ohio is willing to concede that and narrow that down that it would be pre Reagan tokes sentencing for the purposes of sentencing Your Honor I believe that leaves counts eight nine and ten count eight we have argue that as the first serious physical harm being the healing rib fractures count nine as the skull fracture with signs of healing and count ten as the bruising to the right side of baby Dylan's abdomen in as much as we can't pinpoint the bruising as a separate event we would concede that that would merge for the purposes of sentencing as well and frankly I would submit we could merge it with count eight or nine we count eight makes sense to me based on the others before the court that was eight and ten yes your honor the other counts tampering with evidence count 5 and gross abuse of a corpse counts 7 the state of Ohio would argue those two counts do not merger we would submit that there were dissimilar import and separate analysts we have a tampering with the evidence that the state has argued was the wrapping of Dylan's body and the multiple layers of the the cocoon so to speak and count 7 we would submit that that would be for the dropping and leaving the child's body in the well or that child there's evidence that his body was left around the home for a couple of days so the state of Ohio would argue those should not merge for sentencing thank you your honor what's the state's position is to count for child endangering Your Honor state of Ohio would submit as a matter of public policy and case law that count for child endangering does not merge going upstate be brown on that the Ohio Supreme Court well actually evidence wise the repeated exposure to dangers to the child in the case as well as the continued failure to act will call 9-1-1 and for case law yes your honor the state was relying on state B Brent thank you mister the Scot you want to be heard as an easier position the same as the Daniel groves on these two multiple counts the exception of the aggravated murder charge yes the Scott you want to be heard as the issue of murder yes I do believe that I would agree with the majority of want mister teaming said in regards to two of the counts of felonious assault if I understood all of this correctly to the counts of felonious assault will merge in regards to the murder case the kidnapping is going to merge where the interview is a custody case what I would disagree with your honor is that the tampering of evidence in the verse abuse of corpse believe it's the state's position that those would not reach but what I would argue your honor is that they would emerge at this time that they were one continuous act was one continuous animus that was presented I know that the state has pointed out and said that they're considering the wrapping of the body as tampering with evidence as well as in the gross abuse of corpse would be the well left in the home for the baby left in the home for a couple of days were placed in well in regards the tampering with evidence it there has to be knowledge that there will be an investigation that's given rise in regards to certain actions just because a crime is committed that doesn't necessary give rise to an investigation there was ample evidence of that at least as far as Children Services trying to find this child what depends on the date of when you consider the the act happening Your Honor I believe that that would be a clear distinction if if what the court will take into consideration if the baby passed away on March 28th as my client reports and gross reports Children's Services saw the trial that day there the jury's verdict would sort of seem to believe that the jury didn't necessarily believe that they were not asked that question directly and they did not they were not asked to make that finding specifically your honor so I don't know what was part of that conclusion and was not sort of their conclusion they did not they were not asked to make a special finding in regards to that we couldn't presume that they follow the courts instructions okay but I do not believe that the court instructed them to make the finding as to pinned upon when the body was presumed or when would baby Dylan passed away I do not believe that they were asked to follow that I do not believe that was anywhere in any of the destructions so based on what was purported by my client mr. groves as well as Jessica grows is that baby Dylan passed away on March 28th that was the same day two children services saw the triangle at that point in time there had not given any rise to an investigation being brought forth I believe that was probably even days later even weeks later when that happened and I do not believe that there was any evidence or testimony that actually locked in the date of death that was presented by the state so I believe that the majority of the evidence that was presented would have been that the date would then happen on or around March 28th that even Patricia craft had the firm belief that that babies has to weigh right after that so there would have been no investigation at foot so there wasn't no tampering with evidence that could be found in regards to that wrapping the body up in the various forms of plastic so we would actually advocate then the tampering with evidence was one continuous act and wrapping up the body placing him in the crates and then placing him in the well or whether or not the court found that the body was left in the home for a couple of days was one continuous act one continuous animus and non separate animus so we would advocate emerge as well Your Honor I just want to clarify count 10 was that merge again to count 8 or was that merging into the murder charge believe the state had indicated argued that it was merge or conceded it would merge into count 8 yes I think miss Scott said it they leave the stated I thought she was reference count 11 the statehood leave conceded would merge with the felonious assault as phoniest assault as being the predicate offense for the murder and the murder certainly didn't like charge mr. Brooks is convicted of the most serious charge that mr. Probst is convicted of Your Honor we concede the majority of the merger issues we compared with apologize for interrupting they would as to Daniel groves and I may have already said it we would elect to as opposed to count 11 count 11 we would elect to proceed on count two for sentencing purposes perhaps you had and I will note the state's election as the collection says two votes Jessica grossie and Daniel crash I do count one is to Jessica yes as to the defendant Jessica groves I am going to find the count to voters with count one for purposes sensing state has as does count 11 we find the state has elected to proceed your sentence against aggravated murder count one as to count three and count six I will find that those are also allied offenses are similar in for merge for purposes of sentencing state has elected to proceed a stake out three of Jessica groves as two [Music] now for I'm gonna find that that does not merge given the testimony I'm going to find that that is an offensive dissimilar import and was does not merge for purposes of sentencing count seven and count five I've been tampering with evidence and being gross abuse of corpse court has heard testimony of different acts that would give rise to the conviction of each of those charges state has argued that here today in certain respects conduct that would separate conduct that would justify sentencing on both of those I'm further going to find that we look at the doctor to murder we look at the issue of multiple sentences for the same crime I'm going to find that the Ohio General Assembly has created a specific statute of gross abuse of corpse and I am going to find that by doing that the General Assembly has specifically indicated that that would be a crime in and of itself I am NOT going to merge those offenses as to charges of felonious assault I've already found at count eleven would merge with the murder and aggravated murder charges I'm going to find that counts eight and count ten both charged felonious assault are allied offenses of similar and court would merge for purposes sentencing as the defendant Daniel grows I am going to find the count eleven would merge with count to the indictment being the predicate offense and from which the murder is based upon and the state has elected to proceed with count to as to count three of the indictment I'm going to find that count six a in count three would merge as allied offenses of similar or the state has elected to proceed with count three kidnapping for purposes of sentencing I'm going to find that child endangering does not merge I will further find that five and count 7 does not merge for purposes sentencing for the same rationale as I indicated earlier I would further find that count 10 of the indictment is also an allied offense of similar import that's the testimony I heard committed with the same conduct injuries and the state has elected to proceed with count 8 well the party is ready to proceed with sentencing in this matter yes your honor PMON do you want to speak or does the victim representatives wish to speak first all right or does she wish to speak Your Honor we would ask that Andrew bull would be permitted to speak I have some brief comments and I your on speak first search of mr. team yeah speak maybe just have a seat we'll have you come forward here in just a minute Your Honor this Court is well aware this is a case it's been very very roughly community extremely impactful and terrible horrible event being a murder charge for mr. groves and aggravated murder for Jessica grouse it's well aware of the different standards that apply but I would direct the court's attention to some of the guidelines that you use and other felony sentencing matters out of 29 29 for 12 I would submit that this is the most serious kinds of crimes we see with the loss of an infant child for such a horrible means the victims age certainly played part and child's helplessness be a victim the people that should have protected him the most that relationship unfortunately facilitated the offense certainly the offenders were parents the victim was their child the evidence is unclear if it was committed in the vicinity of another child but certainly this event is also a tragedy to Daniel Roach jr. I'd like to think it's something positive will come out of this we pray that will there's a certain extent the community has been spurred to act but as for these two the state of Ohio when it comes to Jessica grouse the mother this child a woman that gave birth to this child state of Ohio recommend she said we receive a sentence of life without parole for the heinous act she has committed I'd like the court consider the pain the child was put through and its last days on this earth as did mr. groves certainly the sentence for a murder charge is 15 to life but we would ask the court to run consecutive sentences for his failure to act again and again and again in this matter for that we'd recommend the significant sentence before he is eligible for parole thank you your honor bowling I believe you wanted to give a victim impact statement is the victim representative in this matter from the moment I picked up Dillon from the hospital I loved him I'm speaking for Dillon right now I didn't get to have a voice my life was cut too short but my life will have a huge impact my foster mom will make sure I help him save and protect other babies today is my first birthday I didn't get to have my party no cake ice cream I didn't get showered with gifts but I did get justice today in right now I'm standing on Jesus slappy the Angels have me now my chance to have an earthly life was taken way too soon no chance to learn to ride a bike to learn to fish or play baseball their chance to run and play on the playground or didn't meet my friends and family I was perfect I could have been anything a preacher a doctor a lawyer but now my purpose is to help save others I will watch my life protect babies on earth and I will rejoice when laws are changed I had a little footprint here on earth but my impact was anything but small my impact on this earth is huge and I look forward to the day but my foster mom he holds me again proceed with the defense counsel's statement and the defendants allocution earlier during over merger the state had conceded that the reagan toks enhancements giving the range of these particular offenses would not apply i'm assuming the defense counsel also agrees with that god anything you would like to say on behalf your client I have a voice I think I cared for enough your honor as I have stated throughout these entire proceedings this is not a topic any of this one to address this is not a topic that any of us want to talk about I would ask that the courts will take into consideration my clients lack of criminal record like a felony record I would ask that the court would take into consideration what he chose to own and what he chose to disown and what the jury found I believe that my client has been impacted by this I know that the community has been impacted by this and I know that the court intends to impose a heavy sentence in this matter but I would ask that the court would be reasonable that the court would not provide maximum sentences in all of these matters and not also run them all secular plea to each other I do not know that my clients prior criminal record would warrant that or that his actions weren't that and I would hope that the court would take all of that into consideration when making and rendering a sentence here today thank you thank you miss Scott mr. Daniel groves is there anything you'd like to say before I impose those mr. Stratton anything you'd like to say on behalf of your client yes that's been a difficult matter was this entire community it's been shared with a lot of people Jessica took responsibility I'll just ask the court to consider that Thank You mr. shredding it's Jessica groves anything you'd like to say before I impose sentence [Music] [Music] anything else you'd like to say you can be seated [Music] this matter comes before this Court this 10th day January 2020 which defendants sentencing hearing is being held for Soto Revised Code section 29 29 point 19 now mr. groves certainly you will have a right to appeal any sentence I give you in this matter do you have funds to hire a lawyer to represent you on this appeal that you choose to proceed miss Scott are you willing to accept the appointment for purposes of that appeal your honor v due to the second appointment for appeal that does cause my client to waive certain arguments that he may have could I refrain from answering that question that this time until after consultation with Mike running off the record I will need you to advise the court staff no later than Monday morning sir I will need you to fill out a another financial disclosure form so I can appoint counsel to represent you now who's Jessica groves likewise you have the right to appeal any of the sentence any of the decisions I've made in this case in a sense that I would give you in this matter do you have the funds to hire a lawyer to represent you in that appeal mr. Stratton would you be willing to accept the appointment for purposes of pursuing that appeal probably appeals Thank You mr. Stratton would ask counsel to represent miss grouse following sentencing is Scott mr. Stratton I would ask that both of you consult with your clients and fly-out he appropriate notice of appeal even if you choose not to remain on the case I won't point counsel to pursue pursue that appeal defendants in this matter had been afforded all rights pursuant to criminal rule 32 this Court has considered the record the oral statements made the victim impact statement presented in this matter as well as the purposes of sentencing is found in Revised Code section 29 29 point 11 8 punish the offender protect the public from future crime by the offender or others and using the minimum sanctions this court determines accomplishes those purposes without imposing unnecessary burden on state and local government resources whereas also considered the allocution of both defendants of his gross as she's provided it here in court today or has also considered the principles of sentencing is found in Section 29 29 point 11 a B and C specifically need for incapacitation deterrence rehabilitation and restitution as well as being commensurate with a not meaning to the seriousness the offenders conduct its impact on the victim and the consistency of sentences for summer crimes with summer offenders this Court has considered in balance of serious and/or citizen factors is found in section 29 29 point 12 B cDNA and also considered those factors as found in the Revised Code section 29 29 point 13 B [Music] this Court is also going to find the consecutive sentences are necessary to protect the public and for future crime and to punish the event each offender and not disproportionate to the seriousness the offenders conduct or the danger the offender poses to the public court will further find that one or more of the multiple offenses was committed as part of one or more courses of conduct and the harm caused by two or more of the multiple offenses so committed was so great or unusual the new single prison term for any of the offenses committed as part of the course of conduct adequately reflects the seriousness the offender's conduct this Court will further find as to the defendant Daniel groves for smut Revised Code section 29 twenty-nine point 12 B specifically this Court is going to find that the injury was exacerbated by the victims physical condition or age also going to find that the victim suffered serious physical harm as a result of the crimes the sports where they're going to find that mr Groves relationship with the victim facilitated this offense and I'm also going to find that he was the parent custodian or person in place of the parent of Cristo D at the time the offense was committed I'm also going to find that the defendant in this matter of Daniel groves does have a criminal history although that criminal history consists of only a misdemeanor conviction and I will find that there's been no proof or evidence brought forward of any felony convictions I will further find that the offender shows a pattern of alcohol and drug use related to this offense and does not acknowledge or refuses treatment I'm also going to find that he's showing no genuine remorse as to the defendant Jessica Groves as to those factors in 29 twenty-nine point twelve i likewise find that she had the injury was exacerbated by victims physical condition in aged victims suffered serious physical harm as a result of the crime that the offender's relationship with the victim facilitated the offense and that this is an offense where it was committed when she committed this crime on her child is the parent custodial person loco parentis going to further find that her she has shown a pattern of alcohol drug use related to this offense and does not acknowledge errs with his treatment I'm also going to find despite her allocution here today that through these proceedings she's shown no general genuine remorse I will find that she has no prior criminal convictions minute Daniel groves will please stand sir as to count two of the indictment you have been found guilty of the charge of murder I will sentence you to the prescribed term of imprisonment for that offense of 15 years to life in the custody of Ohio Department of Rehabilitation Corrections is to count three of the indictment you are convicted of a charge of kidnapping and felony of the first degree been found guilty by the jury I am going to sentence you to determine in prison of ten years in the custody of Ohio Department of Rehabilitation Corrections to count four of the indictment charged child endangering a felony of the third degree I will send you a 36 month term in the custody of Ohio Department of Rehabilitation Corrections as to count five of the indictment charge tampering with evidence a felony of the third degree I'm gonna send you to a 36 month term in the custody of Ohio Department of Rehabilitation and Corrections to count seven of the indictment charge gross abuse of corpse a felony the fifth degree I'm going to sentence you to a 12-month term in the custody of high department Rehabilitation Corrections the count eight of the indictment you are convicted of charge flown is to solve a filming the second you do a neat year term in the custody of Ohio Department of Rehabilitation Corrections and as to count nine of the indictment I am going to sentence you to an eight-year term in the custody of Ohio Department of Rehabilitation Corrections I'm going to order the sentence in count five tampering with evidence in count seven to run concurrently with each other would be my intention by imposing this sentence to impose a term of forty seven years to life in the custody of a hog partner we've all patient Corrections and we'll give you credit for the two hundred and thirteen days you've served in the county jail awaiting trial way to trial you can be seated Anna Jessica Rose will you please stand ma'am you stand convicted to the charge of aggravated murder will be the sentence of this court need be sentenced to a term of imprisonment life without the possibility of parole was to count one of the indictment to count three of the indictment charged kidnapping a felony the first-degree I will sentence you to a 10-year term in the custody of Ohio Department of Rehabilitation and Corrections as to count four of the indictment I am going to sent you to a 36 month term in the custody of Ohio Department of Rehabilitation Corrections as to count five of the indictment the charge tampering with evidence I'm going to since you do a 36 month term in the custody of Ohio Department of Rehabilitation and Corrections as to count seven of the indictment that charge gross abuse of corpse I'm going to sent you a 12-month term in the custody of the Ohio Department Rehabilitation Corrections as to count eight of the indictment I will send you to an eight-year term in the custody of the Ohio Department of Rehabilitation Corrections is account night of the indictment charge also charge phoniest assault I will send you to an eat your term in the custody of Ohio Department rehabilitation and corrections as to count five and count seven I will wear those sentences to an concurrently each other pursuant to my Reuter fundings I will order the remaining charges to win consecutive to each other would be my intention to impose a sentence of life without the possibility of parole plus an additional thirty two years as part of the sentence you can be seated I will also give you credit for the two hundred and thirteen days that you've served in the county jail while awaiting trial in this matter I'm going to order that both of you pay the cost of prosecution in this matter I am going to order at least as certainly mr. Rhodes to a portion of his sentence possibly to mrs. groves as part of her sentence she may be able to earn days of credit towards this sentence pursuant to Revised Code section 29 67.1 93 over those days of credit are not automatic they do have to be earned pursuant to the statute I'm going to wear you to both pay the cost of prosecution in this matter I am going to order the Sheriff's Office to destroying contraband seized in this matter once all appeals and post-conviction proceedings are complete anything further mr. Taemin God anything further Thank You mr. Stratton mr. Daniel groves and Miss Jessica groves at this time I am bill remain you the custody of the sheriff for transport and conveyance to the Ohio Department of Rehabilitation Corrections orders adjourned

Channel: Law&Crime Network

Views: 2,186,249

Keywords: Groves Trial, Dylan Groves, Daniel Groves, Jessica Groves

Id: KICuWic9Ews

Length: 42min 9sec (2529 seconds)

Published: Sat Jan 11 2020