State v. Eames

[Cite as State v. Eames, 2025-Ohio-2177.] IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY State of Ohio Court of Appeals No. L-24-1162 Appellee Trial Court No. CR 23 1007 v. Carissa Eames DECISION AND JUDGMENT Appellant Decided: June 20, 2025 ***** Julia R. Bates, Lucas County Prosecuting Attorney, and Evy M. Jarrett, Assistant Prosecuting Attorney, for appellee. Laurel A. Kendall, for appellant. ***** OSOWIK, J. {¶ 1} This is an appeal from a July 2, 2024 judgment of the Lucas County Court of Common Pleas, sentencing appellant, Carissa Eames, to a total term of incarceration of 12 to 15 years, following appellant’s negotiated guilty pleas to two counts of complicity in the commission of felonious assault, in violation of R.C. 2923.03(A)(2) and 2903.11(A)(2), felonies of the second degree, and two counts of complicity in the commission of kidnapping, in violation of R.C. 2923.03(A)(2) and 2905.01(A)(3), also felonies of the second degree. {¶ 2} This case arises from the December 3, 2022 murder of victims K.W. and K.P., both juvenile males. On December 3, 2022, while K.W. and K.P. were playing video games in the basement of appellant’s Toledo home, they were assaulted, tied up with electrical cords, put into the trunk of a motor vehicle, taken to an abandoned home in North Toledo, and killed, after which the home was burned down, in a failed effort to conceal the above-described crimes. {¶ 3} For clarity on the confines of appellant’s role in these events, while appellant was not involved in the subsequent, off-site murder of the boys, appellant was present in her home when the victims were initially beaten and tied up, and later put into the trunk of a waiting vehicle, and driven away. {¶ 4} Appellant, by her own admission, was aware of what was occurring, heard it as it was occurring, did not intervene, did not seek assistance for the victims, did not report the incident, helped clean the blood evidence of the crimes, and later lied to the investigating law enforcement officers and to the victims’ families regarding what had occurred. {¶ 5} Accordingly, appellant’s convictions comprised complicity offenses for the offenses that occurred in her home, with her knowledge and assistance; namely, assault and kidnapping. For the reasons set forth below, this court affirms the judgment of the trial court. {¶ 6} Appellant, Carrissa Eames, sets forth the following sole assignment of error on appeal: “I. The trial court abused its discretion by failing to merge [the complicity to commit felonious assault and complicity to commit kidnapping offenses] pursuant to R.C. 2941.25, [as] allied offenses of similar import, [under] the facts and circumstances of this incident.” {¶ 7} The following undisputed facts are relevant to this appeal. On December 3, 2022, Corbin Gingrich (“Corbin”), appellant’s fiancé, arranged for an Uber to transport the victims from a party that they had been attending at Maumee Bay State Park to the Toledo home shared by appellant and Corbin. Corbin believed that the victims were involved in the recent theft of one of his firearms. The invitation and transportation of the victims to appellant’s home was a subterfuge. It facilitated their ambush, and culminated in their deaths. {¶ 8} Upon arrival at appellant’s home, the victims went into the basement and began to play video games. Subsequently, Corbin and Donald Eames (“Donald”), appellant’s brother, went into the basement and confronted the victims about Corbin’s missing gun. A struggle ensued, during which the victims were pistol whipped, subdued, and then tied up with electrical cords. Appellant was aware of what was occurring, and overheard it as it was occurring.  {¶ 9} At this juncture, Cruz Garcia (“Cruz”) was contacted by the men to arrange to take the victims out of appellant’s home. Cruz drove to appellant’s home, accompanied by two other males, with all three men wearing face masks. Upon arrival, the victims were taken by the masked men from appellant’s home and put into the trunk of Cruz’s waiting vehicle. The victims were then driven away in the trunk of the vehicle, while appellant remained at her home. Again, appellant was aware of what was occurring, and overheard it as it was occurring. {¶ 10} The victims were taken to several additional locations in the Toledo area, and then ultimately driven to an abandoned home in North Toledo. The victims were strangled and beaten to death, after which the vacan