Youngstown Daily Legal News

8th District: Seriously delinquent juvenile properly transferred to adult court

ANNIE YAMSON
Special to the Legal News
Published: August 22, 2013

The 8th District Court of Appeals issued an opinion recently affirming a juvenile’s conviction in an adult court.

The defendant, Walter Cooperwood, who was 17 at the time he committed his offenses, had his case transferred from juvenile court to the Cuyahoga County Court of Common Pleas where he was convicted of attempted rape, robbery, failure to comply, receiving stolen property and attempted felonious assault in three separate cases.

Cooperwood’s first offense took place on July 19, 2011, when he and an accomplice raped a female, then stole her car and purse.

The state filed a motion for a bindover to the common pleas court once Cooperwood was apprehended and indicted. The court found probable cause existed to grant the motion and ordered a full psychological report.

While in the juvenile detention center, Cooperwood planned and incited a riot on Jan. 1, 2012. He started dancing and punching people. Cooperwood punched one detained youth who fell to the ground. While he was down, Cooperwood continued to kick him in the face and the victim had to receive stitches for his injury.

The court again found that probable cause existed for a bindover to the common pleas court and, again, ordered a psychological evaluation.

In yet another case, Cooperwood was arrested for stealing a Dodge Dakota from a driveway. Police tried to pull over the vehicle but Cooperwood led them on a chase through residential streets and then through backyards. Eventually, he crashed into the side of a house and fled the scene.

The juvenile court found a transfer of jurisdiction to be proper and subsequent to his transfer to the common pleas court, Cooperwood was indicted for rape, kidnapping, aggravated robbery, felonious assault and various other offenses.

Under a plea bargain, he pleaded guilty to eight of the charges and was sentenced to consecutive prison terms in each case for a total of 22 years.

Upon appeal, Cooperwood argued that his case should not have been transferred to adult court.

While a bindover is mandatory for a juvenile who commits an offense such as murder, the 8th District’s three-judge appellate panel determined that Cooperwood’s transfer was discretionary.

“Discretionary transfer allows the juvenile court discretion to transfer to adult court certain juveniles who do not appear to be amenable to care or rehabilitation within the juvenile system or appear to be a threat to public safety,” wrote Judge Tim McCormack on behalf of the appellate panel.

The appeals court agreed with the state when it argued that the factors in favor of a bindover outweighed those against it.

Cooperwood was found to have committed his offenses while on parole with the Ohio Department of Youth Services or while detained, and his victims suffered serious physical, psychological and economic harm.

“Based on the record, the juvenile court properly complied with all the requirements for a discretionary transfer,” wrote Judge McCormack.

Cooperwood also argued that the trial court’s imposition of consecutive sentences was contrary to law.

However, the appellate panel disagreed: “Here, the trial court engaged in a lengthy and thorough analysis and made all the requisite statutory findings before imposing consecutive sentences.”

Before he committed the offenses in the current three cases, the trial court noted that Cooperwood had a lengthy criminal history, including two robberies, domestic violence, theft, vandalism and probation violations.

“The court then recounted the disconcerting circumstances of each of the three cases,” wrote Judge McCormack. “Observing that Cooperwood’s conduct in these cases shows he had absolutely no regard for the rules of society or law enforcement.”

Before imposing consecutive sentences, the trial court also noted that Cooperwood exhibited antisocial behaviors and “appeared to lack any remorse for his offenses.”

At the sentencing hearing, the trial court stated, “This defendant’s criminal history shows the consecutive terms are needed to protect the public.”

In addition, while in the county jail waiting to be brought to the common pleas court, Cooperwood was placed under administrative supervision for making threats while in the bullpen.

The trial court called Cooperwood’s behavior “potentially sociopathic” and stated that the people of the state of Ohio would be at great risk if he were “allowed to walk the streets.”

“The trial court clearly delineated the reasons for its imposition of consecutive sentences and made all the requisite statutory findings,” Judge McCormack wrote.

The appellate panel concluded by overruling all of Cooperwood’s assignments of error and affirming his conviction and sentence.

Judges Melody Stewart and Kathleen Keough concurred.

The case is cited Sate v. Cooperwood, 2013-Ohio-3432.

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