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Tenth District Court of Appeals panel affirms murder conviction of Columbus man
KEITH ARNOLD
Special to the Legal News
Published: July 31, 2024
A Franklin County appellate panel affirmed the conviction of an east side Columbus man on charges stemming from the shooting death of Alyse Sharrae Edwards at her apartment Aug. 19, 2021.
The 3-0 panel overruled the assertion by 34-year-old Cortez Jackson of the Eastmoor neighborhood that his conviction on charges of murder and tampering with evidence was not supported by sufficient evidence and was against the manifest weight of the evidence presented.
“The evidence showed that Edwards was fatally shot one time in the abdomen,” Judge Betsy Luper Schuster wrote for the Tenth District Court of Appeals panel. “Jackson testified that, although he was physically struggling with Edwards when she was shot, he did not pull the trigger of the firearm in Edwards’ possession. He suggests the firearm may have been jostled enough to cause it to discharge the projectile, without anyone pulling the trigger, or Edwards herself pulled the trigger. But testimony indicated that it would be very unlikely for the weapon to fire unless the trigger was pulled.”
A Franklin County grand jury indicted Jackson Aug. 26, 2021, on charges including purposeful murder, felony murder, domestic violence, tampering with evidence and a weapons charge. Firearms specifications accompanied the murder charges and evidence-tampering charge, case background provided.
Jackson elected to waive his right to a jury trial on the having a weapon while under disability charge and, prior to trial, the domestic violence charge was dismissed by state request. A jury trial on the remaining charges commenced April 3, 2023.
At the conclusion of deliberations, the jury found Jackson not guilty of purposeful murder, but guilty on the felony murder and tampering with evidence charges.
Additionally, the jury reached factual findings establishing the firearm specifications and found Jackson guilty of having a weapon while under disability, summary continued.
The trial court imposed an aggregate prison sentence of 18 years to life.
“Jackson acknowledges his DNA was found on the firearm, but he explains this was because he picked up the firearm and placed it in the toilet after Edwards was shot,” Luper Schuster wrote. “Relatedly, he asserts the absence of gunshot residue on his hands indicates he was not near the firearm when it discharged, and therefore he did not pull the trigger.
“When viewed in favor of the prosecution, however, the evidence demonstrated all the elements of murder and tampering with evidence.”
The judge wrote that the appellate court consideration of a manifest-weight challenge reviews the entire record, weighs the evidence and all reasonable inferences, considers the credibility of witnesses and determines whether the jury clearly lost its way.
“Jackson posits that the firearm somehow discharged without him pulling the trigger, after he and Edwards engaged in an altercation … ,” Luper Schuster continued. “He testified that when he confronted Edwards … , she became enraged and retrieved the firearm, which somehow went off when he struggled with her to get control of it. … The absence of gunshot residue on his hands does not necessarily negate the inference that he pulled the trigger, as that type of residue is easily removed with water.
“Further, Jackson’s DNA was on the weapon, and he admitted to immediately placing the firearm in the water tank behind the toilet. Thus, while there was some conflicting evidence at trial, the jury was in the best position to evaluate the evidence and resolve any disputed facts, including the central disputed fact of whether Jackson pulled the firearm’s trigger, killing Edwards.”
Tenth District Judges Kristin Boggs and Carly Edelstein concurred with Luper Schuster’s opinion.
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