[Cite as State v. Srock, 2013-Ohio-4452.]
COURT OF APPEALS
STARK COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO : JUDGES:
:
: Hon. W. Scott Gwin, P.J.
Plaintiff - Appellee : Hon. John W. Wise, J.
: Hon. Craig R. Baldwin, J.
:
-vs- :
:
GREGORY T. SROCK : Case No. 2013CA00064
:
:
Defendant - Appellant : OPINION
CHARACTER OF PROCEEDING: Appeal from the Stark County Court
of Common Pleas, Case No.
2012CR1136A
JUDGMENT: Affirmed
DATE OF JUDGMENT: October 7, 2013
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
JOHN D. FERRERO BERNARD L. HUNT
Prosecuting Attorney 2395 McGinty Road NW
North Canton, OH 44720
BY: RENEE M. WATSON
Assistant Prosecuting Attorney
Appellate Section
110 Central Plaza South, Suite 510
Canton, OH 44702
Stark County, Case No. 2013CA00064 2
Baldwin, J.
{¶1} Appellant Gregory T. Srock appeals a judgment of the Stark County
Common Pleas Court convicting him of one count of safecracking (R.C. 2911.31(A) and
one count of breaking and entering (R.C. 2911.13(A)). Appellee is the State of Ohio.
STATEMENT OF FACTS AND CASE
{¶2} On June 13 and 14, 2012, appellant was with his friends Zach and
Stephanie Dare in the Canton apartment of a friend of the Dares. While shooting
heroin, appellant told the Dares that he knew that the owner of the Canal Boat Lounge
in Canal Fulton planned to rob his own business for the insurance money, and he
wanted to beat him to it.
{¶3} The group got into a Chevy Cruise which Stephanie Dare had rented from
Enterprise earlier in the week and drove to Canal Fulton. The Dares dropped appellant
off at the Canal Boat Lounge and drove around until they saw appellant walking down
the street. They picked appellant up, and he indicated that he was able to break into
the bar. They drove back to the bar where appellant and Zach removed the safe, which
weighed between 300 and 400 pounds, from the basement of the bar. The men took
the cushions out of the small car to make the safe fit, and ultimately caused $3,000.00
of damage to the car.
{¶4} From the bar, the group drove back to the friend’s apartment in Canton.
Stephanie retreated to a bedroom while the men wrestled the large safe into the
apartment. Appellant used a grinder to remove the hinges from the safe. They
discovered another strong box inside, containing around $4,000.00. They used some of
Stark County, Case No. 2013CA00064 3
the money to buy a Suburban with which to dispose of the safe, and spent the rest on
drugs and hotels. They disposed of the safe behind a storage facility in Navarre.
{¶5} Hal Hardie, the owner of the bar, met a friend early in the morning of June
14, 2012, for a bicycle ride. Hardie noted signs of a break-in, and discovered that his
safe was missing. Hardie called the Canal Fulton Police.
{¶6} Officer Charles Kassinger arrived at the bar, and noted that a sliding glass
door had been pried open. A dolly that had been in the basement of the bar was found
outside. Officer Barabach spoke to the Dares, who provided details of the crime and
disclosed appellant’s involvement. Zach Dare drew a map which led officers to the
disposal location of the safe.
{¶7} When Barabach spoke to appellant, appellant denied taking the safe but
stated, “Well, I’m not saying I wasn’t there.” Appellant also admitted to having a history
with the Canal Boat Lounge because his girlfriend worked there. Hardie confirmed that
appellant dated one of the barmaids and spent a lot of time at the bar, and appellant
had attended the employees’ Christmas party.
{¶8} Appellant was charged with one count of safecracking and one count of
breaking and entering. The case proceeded to jury trial. After deliberating for twenty-
six minutes, appellant was convicted as charged. He was sentenced to six months in
the Stark County jail on each count, to be served consecutively, and was ordered to
begin a three-year period of community control upon completion of his jail time. He
assigns one error on appeal:
{¶9} “THE APPELLANT’S CONVICTIONS FOR ONE COUNT OF
SAFECRACKING, A VIOLATION OF R.C. 2911.31(A) AND ONE COUNT OF
Stark County, Case No. 2013CA00064 4
BREAKING AND ENTERING, A VIOLATION OF R.C. 2911.13(A) WAS AGAINST THE
MANIFEST WEIGHT OF THE EVIDENCE AND WAS NOT SUPPORTED BY
SUFFICIENT EVIDENCE.”
{¶10} In determining whether a verdict is against the manifest weight of the
evidence, the appellate court acts as a thirteenth juror and “in reviewing the entire
record, weighs the evidence and all reasonable inferences, considers the credibility of
witnesses, and determines whether in resolving conflicts in evidence the jury ‘clearly
lost its way and created such a manifest miscarriage of justice that the conviction must
be reversed and a new trial ordered.’” State v. Thompkins, 78 Ohio St. 3d 380, 387,
1997-Ohio-52, 678 N.E.2d 541, quoting State v. Martin, 20 Ohio App. 3d 172, 175, 485
N.E.2d 717 (1983).
{¶11} An appellate court's function when reviewing the sufficiency of the
evidence is to determine whether, after viewing the evidence in a light most favorable to
the prosecution, any rational trier of fact could have found the essential elements of the
crime proven beyond a reasonable doubt. State v. Jenks, 61 Ohio St. 3d 259, 574
N.E.2d 492, paragraph two of the syllabus (1991).
{¶12} Appellant was convicted of safecracking in violation of R.C. 2911.31(A),
which provides, “No person, with purpose to commit an offense, shall knowingly enter,
force an entrance into, or tamper with any vault, safe, or strongbox.” He was also
convicted of breaking and entering in violation of R.C. 2911.13(A), which provides, “No
person by force, stealth, or deception, shall trespass in an unoccupied structure, with
purpose to commit therein any theft offense, as defined in section 2913.01 of the
Revised Code, or any felony.”
Stark County, Case No. 2013CA00064 5
{¶13} Appellant does not argue that the State failed to prove the elements of the
offenses. Rather, he argues that the evidence that linked appellant to the crimes
committed at the Canal Boat Lounge came solely from the Dares, and the jury lost its
way in believing the Dares’ testimony. He argues that Zach Dare has a lengthy criminal
record and is not credible, and Stephanie Dare was not charged for her role in the
crime.
{¶14} The jury was informed of Zach Dare’s long criminal history, knew that he
was incarcerated at the time of trial in the Summit County Jail, and was aware that he
had pled guilty to his involvement in the instant case. Further, the jury was aware that
Stephanie Dare was not charged for her role in the crimes. We cannot find that the jury
lost its way in believing the testimony of the Dares that appellant was involved in the
plan to take the safe from the Canal Boat Lounge, broke into the bar, helped Zach Dare
remove the safe from the bar, and helped open the safe once they returned to the
Canton apartment. Appellant conceded to police, “Well, I’m not going to say I wasn’t
there.” Tr. 200. Further, the owner of the bar testified that appellant spent a lot of time
in the bar and came to the employees’ Christmas party because he dated one of the
employees.
Stark County, Case No. 2013CA00064 6
{¶15} The assignment of error is overruled. The judgment of the Stark County
Common Pleas Court is affirmed. Costs assessed to appellant.
By: Baldwin, J.
Gwin, P.J. and
Wise, J. concur.
HON. CRAIG R. BALDWIN
HON. W. SCOTT GWIN
HON. JOHN W. WISE
CRB/rad
[Cite as State v. Srock, 2013-Ohio-4452.]
IN THE COURT OF APPEALS FOR STARK COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO :
:
Plaintiff - Appellee :
:
-vs- : JUDGMENT ENTRY
:
GREGORY T. SROCK :
:
Defendant - Appellant : CASE NO. 2013CA00064
For the reasons stated in our accompanying Memorandum-Opinion, the
judgment of the Court of Common Pleas of Stark County, Ohio is affirmed. Costs
assessed to appellant.
HON. CRAIG R. BALDWIN
HON. W. SCOTT GWIN
HON. JOHN W. WISE