The appeal for a Warren man convicted of robbing a Dollar General store in 2022 has been denied.
According to the Trumbull County Prosecutor's Office, the conviction of 44-year-old Karindu Mallory on one count of aggravated robbery with a firearm specification was upheld in an opinion written by Ohio 11th District Court of Appeals Judge Eugene Lucci.
Mallory was one of two masked men involved in an early-morning robbery of a Dollar General store in Warren Township on January 2, 2022.
Mallory appealed his conviction challenging the evidence presented during his trial that pointed to him as one of the robbers. The appeal wet on to state that the evidence against Mallory was purely circumstantial because his identification as one of the robbers was based on the color of his shoes.
Judge Lucci disagreed with these statements.
"After a complete review of the record, this is not the extraordinary case where the jury clearly lost its way in determining that Mallory was a perpetrator ... thus Mallory's conviction is not against the manifest weight of the evidence and is there necessarily supported by sufficient evidence," Judge Lucci wrote.
Testimony showed a store manager was forced to empty the contents of a safe and a cash register into two bags. One of the bags had a hole in it and as the robbers were fleeing the scene, they were dropping currency.
Mallory remains in the Richland Correctional Institution in Mansfield.