IN 21S SEP 22 PH 1:19 INDICTMENT Crim. Rule 6, 7 THE STATE OF OHIO ‘ COURT OF COMMON PLEAS ‘ASHLAND COUNTY : Of the Term 1st Partial in the year two thousand and sixteen THE JURORS OF THE GRAND JURY OF THE State of Ohio, within and for the body of the County aforesaid, on their oaths, in the name and by the authority of the State of Ohio, do find and present that SHAWN M. GRATE, (SSN: (HM-4636 ; DOB: 08-08-76) (IA: Ashland Police Department) did: COUNT ONE: AGGRAVATED MURDER (Section 2903.01(A) of the Ohio Revised Cod In that on or about the period between August 16, 2016 and September 13, 2016, in Ashland County, Ohio, ‘Shawn M. Grate, purposely, and with prior calculation and design, caused the death of another, to wit: Elizabeth A Griffith, in violation of Ohio Revised Code Section 2903.07(A), AGGRAVATED MURDER. ‘SPECIFICATION ONE TO COUNT ONE: (Sections 2941.14 and 2929.04(A)(6) ofthe Ohio Revised Code) The Grand Jurors further find and specify that the offense as stated in Count One was committed by the said Shawn M. Grate as part of a course of conduct involving the purposeful kiling of or attempt to kill two or more persons by the said Shawn M. Grate. SPECIFICATION TWO TO COUNT ONE: (Sections 2941.14 and 2928,04(A)(7) of the Ohio Revised Code) The Grand Jurors further find and specify that the offense as stated in Count One was committed while the said Shawn M. Grate was committing, attempting to commit, or fleeing immediately after committing or attempting to commit Kidnapping and the said Shawn M, Grate was the principal offender in the commission of the Aggravated Murder or, if not the principal offender, committed the Aggravated Murder with prior calculation and design (B) of the Ohio Revised Code) COUNT TW AGGRAVATED MURDER (Section 290: In that on or about the period between August 16, 2016 and September 13, 2016, in Ashland County, Ohio, ‘Shawn M. Grate, purposely caused the death of another, to wit. Elizabeth A. Griffith, while committing, or attempting to commit, or while fleeing immediately after committing or attempting to commit Kidnapping, in violation of Ohio Revised Code Section 2903.01(B), AGGRAVATED MURDER SPECIFICATION ONE TO COUNT TWO: (Sections 2941.14 and 2929.04(A)(5) of the Ohio Revised Code) ‘The Grand Jurors further find and specify that the offense as stated in Count Two was committed by the said Shawn M. Grate as part of a course of conduct involving the purposeful kiling of or attempt to kill two or more persons by the said Shawn M. Grate.. o s ‘SPECIFICATION TWO TO COUNT TWO: (Sections 2941.14 and 2929.04(A)(7) of the Ohio Revised Code) The Grand Jurors further find and specify that the offense as stated in Count Two was committed while the said Shawn M. Grate was committing, attempting to commit, or fleeing immediately after committing or attempting to commit Kidnapping, and the said Shawn M. Grate was the principal offender in the commission of the Aggravated Murder or, if not the principal offender, committed the Aggravated Murder with prior calculation and design. COUNT THREE: KIDNAPPING (Section 2905.01(A)(3) of the Ohio Revised Code), a felony of the first dearee. In that on or about the period between August 16, 2016 and September 13, 2016, in Ashland County, Ohio, ‘Shawn M. Grate by force, threat or deception removed another, to wit: Elizabeth A. Griffith, from the place where the other person was found or restrained the liberty of the said Elizabeth A. Griffith for the purpose to terrorize, or to inflict serious physical harm to the said Elizabeth A. Griffith and further the said Shawn M. Grate did not release the said Elizabeth A, Griffith in a safe place unharmed, in violation of Ohio Revised Code Section 2905.01(A)(3), KIDNAPPING, a felony of the first degree COUNT FOUR: GROSS ABUSE OF A CORPSE (Section 2927.01(B) of the Ohio Revised Code) a felony of the fifth degree. In that on or about the period between August 16, 2016 and September 13, 2016, in Ashland County, Ohio, ‘Shawn M. Grate, except as authorized by law, treated a human corpse, to wit: the corpse of Elizabeth A. Griffith, in a way that would outrage reasonable community sensibilities, in violation of Ohio Revised Code Section 2927.01(B), GROSS ABUSE OF A CORPSE, a felony of the fifth degree COUNT FIVE: BURGLARY (Section 2911.12(A)(3) of the Ohio Revised Code), a felony of the third dearee. In that on or about the period between August 16, 2016 and September 13, 2016, in Ashland County, Ohio, Shawn M. Grate, by force, stealth, or deception, trespassed in an occupied structure, to wit. the Elizabeth A. Grifth residence located at 242 Matthews Avenue, Apt. L, Ashland, Ohio, with purpose to commit in said ocoupied structure any criminal offense, in violation of Ohio Revised Code Section 2911.12(A)(3), BURGLARY, a felony of the third degree COUNT SIX: _ TAMPERING WITH EVIDENCE (Section 2921.12(A\(1) of the Ohio Revised Code), 2 felony of the third degree. in that on or about the period between August 16, 2016 and September 13, 2016, in Ashland County, Ohio, ‘Shawn M. Grate, knowing that an official proceeding or investigation was in progress or was about to be or likely to be insttuted, did ater, destroy, conceal, or remove any record, document, or thing, to wit: one (1) key and/or one (1) cell phone andlor one (1) Yahtzee game sheet, with purpose to impair its value or availabilty as evidence in such official proceeding ot investigation, in violation of Ohio Revised Code Section 2921.12(A)(1), TAMPERING WITH EVIDENCE, a felony of the third degree. COUNT SEVEN: AGGRAVATED MURDER (Section 2903.01(A) of the Ohio Revised Code). In that on or about the period between September 8, 2016 and September 13, 2016, in Ashland County, Ohio, Shawn M. Grate, purposely, and with prior calculation and design, caused the death of another. to wit: Stacey J. Hicks, aka: Stacey J. Stanley, in violation of Ohio Revised Code Section 2903.01(A), AGGRAVATED MURDER, SPECIFICATION ONE TO COUNT SEVEN: (Sections 2941.14 and 2929.04(A)(5) of the Ohio Revised Code) ‘The Grand Jurors further find and specify that the offense as stated in Count Seven was committed as part of a course of conduct involving the purposeful killing of or attempt to kill two or more persons by the said Shawn M. Grate.SPECIFICATION TWO TO COUNT SEVEN: (Sections 2941.14 and 2929,04(A)(7) of the Ohio Revised Code). The Grand Jurors further find and specify that the offense as stated in Count Seven was committed while the said ‘Shawn M. Grate was committing, attempting to commit, or fleeing immediately after committing or attempting to commit Kidnapping and/or Rape and/or Aggravated Robbery, and the said Shawn M. Grate was the principal offender in the commission of the Aggravated Murder or, if not the principal offender, committed the Aggravated Murder with prior calculation and design. COUNT EIGHT: AGGRAVATED MURDER (Section 2903.01(B) of the Ohio Revised Code). In that on or about the period between September 8, 2016 and September 13, 2016, in Ashiand County, Ohio, ‘Shawn M. Grate, purposely caused the death of another, to wit: Stacey J. Hicks, aka: Stacey J. Stanley, while committing, or attempting to commit, or while fleeing immediately after committing or attempting to commit Kidnapping and/or Rape and/or Aggravated Robbery, in violation of Ohio Revised Code Section 2903.01(B), AGGRAVATED MURDER, SPECIFICATION ONE TO COUNT EIGHT: (Sections 2941.14 and 2929.04(A)(5) of the Ohio Revised Code). ‘The Grand Jurors further find and specify that the offense as stated in Count Eight was committed as part of a course of conduct involving the purposeful killing of or attempt to kill two or more persons by the said Shawn M. Grate. SPECIFICATION TWO TO COUNT EIGHT: (Sections 2941.14 and 2929.04(A)(7) of the Ohio Revised Code). ‘The Grand Jurors further find and specify that the offense as stated in Count Eight was committed while the said ‘Shawn M. Grate was committing, attempting to commit, or fleeing immediately after committing or attempting to commit Kidnapping and/or Rape and/or Aggravated Robbery, and the said Shawn M. Grate was the principal offender in the commission of the Aggravated Murder or, if not the principal offender, committed the Aggravated Murder with prior calculation and design. COUNT NINE: KIDNAPPING (Section 2905.01(A)(4) of the Ohio Revised Code), a felony of the first dearee. In that on or about the period between September 8, 2016 and September 13, 2016, in Ashland County, Ohio, Shawn M. Grate, by force, threat, or deception, removed another, to wit. Stacey J. Hicks, aka: Stacey J. Stanley, from the place where the other person was found or restrained the liberty of the said Stacey J. Hicks, aka: Stacey J. Stanley for the purpose to engage in sexual activity as defined in Section 2907.01 of the Revised Code with the said Stacey J. Hicks, aka Stacey J. Stanley against her will and further the said Shawn M, Grate did not release the said Stacey J. Hicks. aka Stacey J. Stanley in @ safe place unharmed, in violation of Ohio Revised Code Section 2905.01(A)(4), KIDNAPPING, a felony of the first degree. SPECIFICATION ONE TO COUNT NINE: (Section 2941. 147 of the Ohio Revised Code). ‘The Grand Jurors further find and specify that the said Shawn M. Grate committed the offense in Count Nine with a sexual motivation SPECIFICATION TWO TO COUNT NINE: (Section 2941.148 of the Ohio Revised Code). ‘The Grand Jurors further find and specify that the said Shawn M, Grate is a sexvally-violent predator, COUNT TEN: KIDNAPPING (Section 2905.01(A)(3) of the Ohio Revised Code), a felony of the first deare In that on or about the period between September 8, 2016 and September 13, 2016, in Ashland County, Ohio, Shawn M. Grate, by force, threat, or deception, removed another, to wit: Stacey J. Hicks, aka: Stacey J. Stanley, from the place where the other person was found or restrained the liberty of the said Stacey J. Hicks, aka’ Stacey J. Stanley, for the purpose to terrorize or to inflict serious physical harm to the said Stacey J. Hicks, aka: Stacey J. Stanley, and further the said Shawn M. Grate did not release the said Stacey J. Hicks, aka: Stacey J. Stanley, in a safe place unharmed, in violation of Ohio Revised Code Section 2905.01(A)(3), KIDNAPPING, a felony of the first degree,SPECIFICATION ONE TO COUNT TEN: (Section 2841.147 of the Ohio Revised Code), The Grand Jurors further find and specify that the said Shawn M. Grate committed the offense in Count Nine with a sexual motivation ‘SPECIFICATION TWO TO COUNT TEN, (Section 2941,148 of the Ohio Revised Code). The Grand Jurors further find and specify that the said Shawn M. Grate is a sexually-violent predator. COUNT ELEVEN: RAPE (Section 2907.02(A)(2) of the Ohio Revised Code), a felony of the first degree, In that on or about the period between September 8, 2016 and September 13, 2016, in Ashland County, Ohio, ‘Shawn M. Grate engaged in sexual conduct, to wit: fellatio, with Stacey J. Hicks, aka: Stacey J. Stanley, when the said Shawn M. Grate purposely compelled the said Stacey J. Hicks, aka’ Stacey J, Stanley, to submit by force or threat of force, in violation of Ohio Revised Code Section 2907.02(A)(2), RAPE, a felony of the first degree. SPECIFICATION ONE TO COUNT ELEVEN: (Section 2941.148 of the Ohio Revised Code) ‘The Grand Jurors further find and specify that the said Shawn M. Grate is a sexvally-violent predator. COUNT TWELVE: AGGRAVATED ROBBERY (Section 2911.01(A)(3) of the Ohio Revised Code} a felony of the first dearee. In that on or about the period between September 8, 2016 and September 13, 2016, in Ashland County, Ohio, ‘Shawn M. Grate, in attempting or committing a theft offense as defined in Section 2913.01 of the Revised Code, or in fleeing immediately after the attempt or offense, did inflict or attempt to infict serious physical harm on another, to wit Stacey J. Hicks, aka: Stacey J. Stanley, in violation of Ohio Revised Code Section 2911.01(A)(3), AGGRAVATED ROBBERY, a felony of the first degree. COUNT THIRTEEN: GROSS ABUSE OF A CORPSE (Section 2927.01(B) of the Ohio Revised Code), ‘a felony of the fifth dearee. In that on or about the period between September 8, 2016 and September 13, 2016, in Ashland County, Ohio, ‘Shawn M. Grate, except as authorized by law, treated a human corpse, to wit: the corpse of Stacey J. Hicks, aka: Stacey J. Stanley, in a way that would outrage reasonable community sensibilities, in violation of Ohio Revised Code Section 2927.01(8), GROSS ABUSE OF A CORPSE, a felony of the fifth degree. sed Code) 3(B) of t COUNT FOURTEEN: UNAUTHORIZED USE OF A VEHICLE (Section 291: a felony of the fifth dearee. In that on or about the period between September 8, 2016 and September 13, 2016, in Ashland County, Ohio, Shawn M. Grate knowingly used or operated a motor vehicle, o wit: one (1) 2003 Mitsubishi Eclipse with Ohio license umber (NINN without the consent of the owner, to wit: Stacey J. Hicks, aka: Stacey J, Stanley, and kept possession ‘of said motor vehicle for more than forty-eight hours, in violation of Ohio Revised Code Section 2913.03(8), UNAUTHORIZED USE OF A VEHICLE, a felony of the fith degree. COUNT FIFTEEN: KIDNAPPING (Section 2905.01(A)(4) of the Ohio Revised Code), a felony of the first dearee. In that on or about the period between September 11, 2016 and September 13, 2016, in Ashland County, Ohio, Shawn M. Grate, by force, threat, or deception, removed another, to wit, “Jane Doe", from the place where the other person was found or restrained the liberty of the said "Jane Doe” for the purpose to engage in sexual activity as defined in Section 2907.01 of the Revised Code with the said “Jane Doe" against the said “Jane Doe's’ will and further the said Shawn M. Grate did not release the said “Jane Doe" in a safe place unharmed, in violation of Ohio Revised Code Section 2905.01(A)(4), KIDNAPPING, a felony of the first degree.SPECIFICATION ONE TO COUNT FIFTEEN: (Section 2941.147 of the Ohio Revised Code). ‘The Grand Jurors further find and specify that the said Shawn M. Grate committed the offense in Count Fifteen with a sexual motivation, SPECIFICATION TWO TO COUNT FIFTEEN: (Section 2941.148 of the Ohio Revised Code). ‘The Grand Jurors further find and specify that the said Shawn M. Grate is a sexually-violent predator. COUNT SIXTEEN: RAPE (Section 2907.02(A)(2) of the Ohio Revised Code), a felony of the first degree. In that on or about the period between September 11, 2016 and September 13, 2016, in Ashland County, Ohio, ‘Shawn M, Grate engaged in sexual conduct, to wit. vaginal intercourse, with “Jane Doe", when the said Shawn M. Grate purposely compelied the said “Jane Doe" to submit by force or threat of force, in violation of Ohio Revised Code Section 2907.02(A)(2), RAPE, a felony of the first degree. SPECIFICATION ONE TO COUNT SIXTEEN (Section 2941, 148 of the Ohio Revised Code). ‘The Grand Jurors further find and specify that the said Shawn M. Grate is a sexually-violent predator COUNT SEVENTEEN: RAPE (Section 2907.02(A)(2) of the Ohio Revised Code}, a felony of the first degree. In that on or about the period between September 11, 2016 and September 13, 2016, in Ashland County, Ohio, ‘Shawn M. Grate engaged in sexual conduct, to wit: fellatio, with “Jane Doe", when the said Shawn M, Grate purposely compelled the said “Jane Doe” to submit by force or threat of force, in violation of Ohio Revised Code Section 2907.02(A)(2), RAPE, a felony of the first degree. ‘SPECIFICATION ONE TO COUNT SEVENTEEN’ (Section 2941.148 of the Ohio Revised Code), ‘The Grand Jurors further find and specify that the said Shawn M. Grate is a sexually-violent predator. COUNT EIGHTEEN: RAPE (Section 2907.02(A)(2) of the Ohio Revised Code), a felony of the first degree. In that on or about the period between September 11, 2016 and September 13, 2016, in Ashland County, Ohio, Shawn M. Grate engaged in sexual conduct, to wit: anal intercourse, with “Jane Doe", when the said Shawn M. Grate purposely compelled the said “Jane Doe" to submit by force or threat of force, in violation of Ohio Revised Code Section 2907.02(A)(2), RAPE, a felony of the first degree. SPECIFICATION ONE TO COUNT EIGHTEEN: (Section 2941,148 of the Ohio Revised Code). ‘The Grand Jurors further find and specify that the said Shawn M. Grate is a sexually-violent predator. COUNT NINETEEN: ROBBERY (Section 2911.02(A)(3) of the Ohio Revised Code), a felony of the third degree. In that on or about the period between September 11, 2016 and September 13, 2016, in Ashland County, Ohio, ‘Shawn M. Grate, in attempting or committing a theft offense, did use or threaten immediate use of force against another, towit. ‘Jane Doe’, in violation of Ohio Revised Code Section 291 1.02(A)(3), ROBBERY, a felony of the third degree. COUNT TWENTY: BURGLARY (Section 2911.12(A)(3) of the Ohio Revised Code), a felony of the third degree. In that on or about the period between September 11, 2016 and September 13, 2016, in Ashland County, Ohio, Shawn M. Grate, by force, stealth, or deception, trespassed in an occupied structure, to wit: the residence of “Jane Doe", with purpose to commit in said occupied structure any criminal offense, in violation of Ohio Revised Code Section 2911.12(A)(3), BURGLARY, a felony of the third degree.COUNT TWENTY-ONE: BURGLARY (Section 2911.12(A)(3) of the Ohio Revised Code), a felony of the third degree. In that on or about the period between June 19, 2016 and June 30, 2016, in Ashland County, Ohio, Shawn M Grate, by force, stealth, or deception, trespassed in an occupied structure, to wit) one (1) trailer located at Lot 306 at Charles Mill Lake Park, with purpose to commit in said occupied structure any criminal offense, in violation of Ohio Revised Code Section 291 1.12(A)(3), BURGLARY, a felony ofthe third degree. COUNT TWENTY-TWO: BURGLARY (Section 2911.12(A)(3) of the Ohio Revised Code), ‘a felony of the third dearee. In that on or about the period between June 19, 2016 and June 30, 2016, in Ashland County, Ohio, Shawn M. Grate, by force, stealth, or deception, trespassed in an occupied structure, to wit’ one (1) trailer located at Lot 307 at Charies Mill Lake Park, with purpose to commit in said occupied structure any criminal offense, in violation of Ohio Revised Code Section 2911,12(A)(3), BURGLARY, a felony of the third degree. BREAKING AND ENTERING (Section 2911.13(A) of the Ohio Revised Code}, a felony of the fifth degree, In that on or about the period between July 10, 2016 and July 11, 2016, in Ashland County, Ohio, Shawn NM. Grate, by force, stealth, or deception, trespassed in an unoccupied structure, to wit: the Miffin Flea Market located at 60 Maine Street, Mifflin, Ohio, with purpose to commit therein any theft offense as defined in Section 2913.01 of the Revised Code or any felony, in violation of Ohio Revised Code Section 2911.13(A), BREAKING AND ENTERING, a felony of the fh degree A. ee Prosecuting Attorney (COUNT TWENTY-THREE: ‘and against the peace and dignity of the State of Ohio. Assistant Prosecuting Attorney The State of Ohio, Ashland County: |, the undersigned, Clerk of the Court of Common Pleas in and for said County, do hereby certify that the foregoing Is a full, true and correct copy of the original indictment, with the endorsements thereon, now on file with my office Gek > ( Cy MN: Pr By Deputy WITNESS my hand nd the seal of said Court, at Ashland, Ohio, “atl Eepktinbe™ » 2OIb‘Rewony Bunnoasoid ou) jo ysenbas ain ye {unr puesg ou} al0}aq ues pue woms Auownsa; uodn punoj juewoIpU JO ING SILL ‘Kunoo pueIysy 4LUNOO SVTd NOWWOS 910% ‘lemied IS} Wet