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Thread: Randy Ross Sentenced in 2013 OH Slaying of Amy Ross

  1. #1
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    Randy Ross Sentenced in 2013 OH Slaying of Amy Ross


    Amy Ross




    Ross trial on murder charges moved to October

    By Kristina Smith
    Watchdog/Enterprise reporter

    PORT CLINTON — The trial for a local man charged with storming a Carroll Township farmhouse last year and fatally shooting his estranged wife has been moved from next week to October.

    Randy Ross, 48, who is being held in the Ottawa County Detention Facility, will stand trial Oct. 6 in Ottawa County Common Pleas Court.

    He faces two counts each of murder, aggravated murder, aggravated burglary and one count of kidnapping, all felonies. If convicted, he could be sentenced to death.

    The jury trial is expected to last two weeks, Ottawa County Prosecutor Mark Mulligan said.

    Ross had initially been expected to stand trial Monday, but during a pre-trial conference this morning, his attorneys said they would need a continuance, Mulligan said.

    Adrian Cimerman of Toledo, an attorney representing Ross, was not available for comment.

    Ross is charged with forcing his way into the home where his estranged wife, Amy Ross, 43, had been staying with family and chasing her up the stairs and into a bedroom before fatally shooting her in the chest last March, according to law enforcement who responded to the scene.

    Ross also suffered multiple gunshot wounds to his head, and law enforcement allege he turned the gun on himself in a botched suicide attempt. His injuries caused him to lose an eye, and he was hospitalized before recovering enough to be taken to jail.

    A .40-caliber handgun was found at the scene.

    Randy and Amy Ross had lived in the Fremont area. Amy Ross filed for divorce from Randy Ross twice, but both cases were dismissed.

    Amy Ross missed two court appearances in her 2007 divorce filing, causing the case to be thrown out. She voluntarily dismissed an April 2012 filing where she cited cruelty and negligence as grounds for the divorce.

    http://www.portclintonnewsherald.com...nclick_check=1

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    Family of Amy Ross wins $1.5M judgment

    The man charged with killing his estranged wife last year in Carroll Township must pay her family $1.5 million after the family won a wrongful death lawsuit against him.

    Judge Bruce Winters ruled March 11 that Randy Ross, 48, must pay his wife’s sister, brother, father and his wife’s estate the $1.5 million judgment plus 3 percent interest per year and court costs.

    The family alleged Ross forced his way into the Carroll Township home where his wife, Amy Ross, 43, was staying with her sister on March 27, 2013, and fatally shot her in the chest before turning the gun on himself in a botched suicide attempt.

    Ross is expected to stand trial in October on criminal charges regarding the same allegations. If convicted, he faces the death penalty.

    “Obviously, no monetary amount can bring back Amy,” said the family’s attorney, Amanda Krzystan of Port Clinton. “They were satisfied with the outcome. The family is just waiting for the criminal matter and hopefully can put this to rest.”

    Attorney Adrian Cimerman of Toledo, who represents Randy Ross, was not available for comment.

    Amy Ross’ sister, Andrea Swope of Oak Harbor; her brother, Robert Mominee of Salem, Ore.; and her father, Gene Mominee of Oregon, Ohio, were the family members listed as seeking damages in the lawsuit.

    They had initially sought $3.9 million for pain and suffering and Amy Ross’ lost wages and household services, according to court records.

    During an Oct. 17 hearing in the lawsuit, Swope testified that she saw Randy Ross kill her sister and then shoot himself twice in the head.

    “It was an absolutely terrifying experience,” she said, according to the hearing transcript. “There isn’t an aspect of my life that this hasn’t touched. I lost my sister.

    “My daughter had to witness the horror of this. Everything changed.”

    Meanwhile, Randy Ross, who is being held in the Ottawa County Detention Facility, had a pre-trial hearing Wednesday in his criminal case. His jury trial, which had been set for next week, was moved to Oct. 6.

    He faces two counts each of murder, aggravated murder, aggravated burglary and one count of kidnapping, all felonies. If convicted, he could be sentenced to death.

    The jury trial is expected to last two weeks, Ottawa County Prosecutor Mark Mulligan said.

    The burden of proof is higher in a criminal case than in a wrongful death civil lawsuit.

    Randy and Amy Ross had lived in the Fremont area. Amy Ross filed for divorce from Randy Ross twice, but both cases were dismissed.

    Amy Ross missed two court appearances in her 2007 divorce filing, causing the case to be thrown out. She voluntarily dismissed an April 2012 filing where she cited cruelty and negligence as grounds for the divorce.

    Her family alleged in the wrongful death lawsuit that Randy Ross was abusive toward his wife on various occasions. Swope testified that she never witnessed abuse, but that Amy Ross told her about it.

    “She told me about times where she had to lock herself in rooms, and he would punch holes in the door to get to her,” Swope testified. “He would destroy her stuff.”

    http://www.thenews-messenger.com/art...-1-5M-judgment
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    Ross receives new representation as trial delays

    A capital murder trial set to begin Oct. 6 has been delayed after defendant Randy Ross was appointed new defense representation.

    Merle Dech Jr. was appointed lead council Oct. 2 and will assist Spiros Cocovos as co-council to Ross after former attorneys Adrian Cimerman and John Thebes of Toledo asked to be removed from the case.

    A date for the trial has not been set, according to Ottawa County Common Pleas Court Judge Bruce Winters.

    “The new defense attorneys suggested having 90 days before a pre-trial,” he said. “It is an important and complicated case.”

    Ross is set to stand trial for the murder of his estranged wife last year at a Carroll Township home. He will stand trial for two counts each of murder, aggravated murder, aggravated burglary and one count of kidnapping, all felony charges.

    Ross is charged with storming into a farmhouse where Amy Ross, 43, was staying and fatally shooting her while her niece and sister were in the home.

    After shooting his estranged wife, Ross then shot himself twice in the head in botched suicide attempts, authorities allege.

    His criminal trial comes after his wife’s family won a $1.5 million wrongful death judgment against him in March. They alleged Ross was abusive to his wife and that she was staying with her sister because she had left him.

    http://www.portclintonnewsherald.com...lays/16837845/
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    Fremont man begins trial in estranged wife’s death

    Randall Ross fought back tears as he heard his former sister-in-law hysterically tell a 911 operator someone had shot her sister.

    When the dispatcher on the recorded phone call asked Andrea Swope whether she knew who shot her sister, Ms. Swope did not hesitate: “Randy Ross.”

    Mr. Ross, 50, of Fremont went on trial Monday in Ottawa County Common Pleas Court for the March 27, 2013, shooting death of his estranged wife, Amy Ross, 43.

    Originally indicted with death-penalty specifications, he now faces a maximum of life in prison without chance of parole if convicted of aggravated murder.

    Mr. Ross is accused of forcing his way into Ms. Swope’s Carroll Township home, where Mrs. Ross had stayed for more than a month after leaving him. He allegedly chased her upstairs to her niece’s bedroom, where he shot Mrs. Ross once in the chest, then put the gun to his chin and fired twice in an apparent suicide attempt.

    Ottawa County Prosecutor Mark Mulligan told the jury of nine women and three men in his opening statement they would be presented with physical evidence from the scene, including bloody bootprints, DNA, and ballistics, but said “technical evidence” doesn’t really matter much.

    What matters, he said, are the two eyewitnesses: Ms. Swope and her daughter, Summer, then 13.

    “At the end of the day what we have are two young ladies who saw, witnessed their aunt murdered in cold blood by the defendant, who then [shot] himself twice,” Mr. Mulligan said.

    Mr. Ross is charged with two counts each of aggravated murder, murder, and aggravated burglary and one count of kidnapping.

    Defense attorney Spiros Cocoves said in his opening statement that Mr. Ross did not go to his sister-in-law’s house that day to commit any crime.

    “He was making an attempt to rekindle his lost love,” Mr. Cocoves said, urging jurors to pay close attention to the evidence.

    Among the first witnesses was Summer Swope, now 16. She said her mother and aunt had just brought her home from track practice that morning when Mr. Ross pulled into their driveway and her mother motioned for her to go upstairs.

    She soon heard her aunt and mother warning Mr. Ross to stay out or they would call police. She said he pounded on the door and after hearing a bang she realized he had gotten inside.

    Summer said her mother ran upstairs, followed by her aunt. She and her mother huddled in an open closet and she was able to see Mr. Ross just a few feet from her “holding a gun straight out.”

    She said she could not see her aunt, but heard a shot and then saw Mr. Ross put the gun under his chin and fire twice.

    Mr. Mulligan questioned her about text messages she sent to her girlfriend first when Mr. Ross arrived and then when she wrote, “He shot Amy and himself.” Four minutes separated the two messages, the records show.

    Carroll Township police Chief Jody Hatfield, the first law enforcement officer on the scene, said he entered the house and followed bloody bootprints upstairs and found a gun in Summer’s bedroom where Mrs. Ross’ body lay. She had no pulse, he said.

    http://www.toledoblade.com/Courts/20...oKGsHRydxEU.99
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    6:10 p.m., story

    The jury began its deliberations for the Randall Ross homicide trial in Ottawa County Common Pleas Court on Wednesday.

    Ross, 49, faces two counts of aggravated murder, murder, aggravated burglary and one count of kidnapping after the death of his estranged wife, Amy, in March 2013. The death penalty was taken off the table during a pre-trial hearing last week.

    The full trial is available for on-demand viewing online at sanduskyregister.com.

    The defense rested its case without calling any witnesses on Wednesday.

    Ottawa County prosecutor Mark Mulligan pushed a common theme during his closing arguments: intent.

    For instance, Mulligan claimed Ross intended to kill his estranged wife Amy when he arrived at his sister-in-law's home with a gun.

    "He didn't bring flowers or chocolate; he brought a gun, " Mulligan said.

    The defense argued Ross went to the Carroll Township home to reconcile with his wife, not to kill her. They contended evidence supports his murder charge, but not other charges that required intent.

    "Mr. Ross went there as a last-ditch effort to save his marriage; he just snapped," defense attorney Merle Dech said. "The extra elements for aggravated murder charges are not present."

    Assistant prosecutor Joe Gerber reiterated Mulligan's argument and said Ross intended to kill his wife when he arrived at Adrea Swope's home on March 27, 2013.

    The jury began deliberations at about 3:45 p.m. on Wednesday and continued until about 5 p.m. Judge Bruce Winter said the jury intends to resume deliberations at 8:30 a.m. on Thursday.

    Watch for live coverage of the verdict when it's available at sanduskyregister.com.

    *

    4:15 p.m.

    Judge Bruce Winters said the jury intends to finish deliberations for the day at about 5 p.m. and intend to resume at 8:30 a.m. on Thursday.

    3:30 p.m.

    The jury has begun deliberations.

    3:25 p.m.

    Closing arguments have completed. Judge Bruce Winters is giving further jury instruction before the jurors enter deliberation.

    1:50 p.m.

    The trial will resume at 2:05 p.m. after a short break.

    12:40 p.m.

    The defense rested its case without calling any witnesses. Judge Bruce Winters is giving jury instructions.

    11:25 a.m.

    The court recently called the prosecutor and defense attorneys back. Jury instruction printing will continue through the upcoming lunch break.

    The trial is set to resume at about 12:30 p.m.

    10:50 a.m. Wednesday

    The court is printing off updated jury instructions before the trial resumes.

    http://www.sanduskyregister.com/Cour...tream&lp=2&p=1
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    Randall Ross guilty of murder; life without parole

    After deliberating about seven hours over two days, an Ottawa County Common Pleas Court jury found Randall Ross guilty Thursday on all seven counts he faced, including aggravated murder, aggravated burglary and kidnapping.

    Ross, 50, shot and killed his estranged wife, Amy Ross, 43, after breaking into her sister’s Carroll Township home, where she had been staying, on March 27, 2013.

    Following a brief recess after the verdict was read in open court, Judge Bruce Winters sentenced Ross to life in prison without the possibility of parole, the maximum for aggravated murder in Ohio with the death penalty having been dismissed by the state last week.

    Ross was also sentenced to 25 more years to be served consecutively for the other convictions — 11 for aggravated burglary, 11 for kidnapping and 3 for the firearms specification.

    Two members of the victim’s family addressed the court prior to sentencing, both requesting that the maximum sentence be imposed.

    “The damage done to each of us can never, ever be undone,” said Robert Mominee, Amy’s brother. “Randall, in our family, used to be Uncle Randy. He used to be my brother. I loved him as a brother. Now I can’t and I don’t see him as family anymore.”

    Andrea Swope, Amy’s sister and an eyewitness to the shooting, said she and Amy shared a special relationship.

    “My best friend is gone for the rest of my life,” Swope said. “Amy was abused. She was terrorized and murdered. Now she’s gone and the world is a lonelier place. The good of the world, however, will not miss Randall Ross.”

    Ross also addressed the court prior to his sentencing. He said he was sorry to Swope and her daughter, Summer, who also was present during the shooting. Ross contended that he never abused his wife.

    “I’ve never, ever, ever touched Amy in my life,” Ross said. “I’ve never abused any woman in my life, ever. I loved Amy with all my heart and I’m sorry for what’s happened.”

    Ross' defense attorney, Merle Dech, had asked jurors to find Ross guilty only of murder, which he said is the one charge that the evidence had shown and that the state had proven.

    According to Ohio law, a murder conviction could carry a life sentence with the possibility of parole after 15 years.

    During closing arguments, Ottawa County Prosecutor Mark Mulligan recounted testimony from two eyewitnesses to the shooting.

    According to their testimony, Ross broke through the locked front door of Swope’s farmhouse, despite demands for him to leave, chased the women to an upstairs bedroom and grabbed Amy Ross by the hair before shooting her once in the chest. They said Ross then shot himself twice in the head, but survived.

    Dech argued that Ross went to the home as a last-ditch effort to save his marriage, but "snapped" and acted on a “spur of the moment” decision. Dech said that is not enough to warrant an aggravated murder conviction.

    Much of the closing arguments surrounded on whether Ross acted with the intent to kill Amy Ross and based on “prior calculation and design,” one of the elements the state must prove for an aggravated murder conviction.

    Mulligan presented to the jury a timeline of the morning the shooting took place, pointing to the hour elapsed from the time Ross left work to when he arrived at the Swope house.

    “He has all that time to think about what he’s going to do. He has all that time to plan,” Mulligan said. “And what does he want to do? He wants to kill Amy.”

    Dech said, however, that there was a lack of intent, arguing that Ross did not go to that house to commit a murder, burglary or kidnapping. Rather, he wanted to rekindle his love and get his marriage back.

    “When he went to the house that day, he did not have the intent to commit a crime,” Dech said. “He wanted to get his wife back.”

    http://www.portclintonnewsherald.com...rial/78784410/
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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    Randall Ross loses appeal

    A local man convicted of killing his estranged wife lost his murder appeal.

    Randall Ross, 50, was convicted on two counts each of aggravated murder, murder, aggravated burglary, and one count of kidnapping, all felonies, for the March 2013 crime.

    He was sentenced to life without parole plus 25 years in March 2016 in Ottawa County Common Pleas Court .

    Ross appealed his case to a higher court in May 2016. He alleged the following errors:

    • The trial court was mistaken by not merging the charges of kidnapping, murder and aggravated burglary

    • The trial court abused its discretion by denying Ross a chance to present evidence, including the testimony of a psychologist

    • The court made a mistake by not instructing the jury that the murder charge was a lesser offense of aggravated murder

    The Ohio Sixth District Court of Appeals denied the appeal on all fronts, arguing Ottawa County Common Pleas Court made no errors during Ross’ trial.

    The Sixth District Court of Appeals is a panel of three judges. The panel released a joint statement on Friday addressing Ross’ arguments:

    “We find that Ross’ kidnapping, murder, and aggravated burglary convictions were not allied offenses; the court did not abuse its discretion in refusing to (delay) sentencing for purposes of allowing Ross to present mitigation evidence from a retained psychologist; the court properly instructed the jury; and his conviction of aggravated murder was not against the manifest weight of the evidence.”

    Case history

    The state called 18 witnesses to the stand during the March 2016 trial. The defense rested its case without calling any witnesses.

    In March 2013, Ross’ wife, Amy, was living with her sister, Andrea Swope, and her niece after the couple separated.

    Ross confronted Amy at her sister’s home one day after work.

    "Randy stormed into the room and grabbed Amy by the hair," Swope testified on during the trial. "He pushed her down and held a gun to her head. He was yelling things at her and we were screaming."

    Ross then shot Amy, and himself, according to the testimony.

    "The damage done to us can never be undone," Amy's brother Robert Mominee testified. "He used to be uncle Randy. He used to be my brother. I loved him as a brother. Now I can't and I don't see him as family anymore."

    http://www.sanduskyregister.com/story/201702270024
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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