City of Cleveland v. Krebs
107 N.E.3d 774
Ohio Ct. App.2018Background
- John Krebs was cited after a Cleveland Cavaliers game for: (1) failure to comply with a lawful police order (first-degree misdemeanor), (2) failure to yield to a public safety vehicle (minor misdemeanor), and (3) driving on the sidewalk/curb (minor misdemeanor).
- Krebs filed a written jury demand for the petty-offense charge (failure to comply) but the trial court conducted a bench trial without a written jury waiver on that charge; no written waiver appears in the record.
- Officer Mercado parked a marked police SUV to block access to Huron Road, activated its lights, and was directing traffic; he testified he signaled Krebs to stop as Krebs began a right turn and that Krebs drove onto/against the curb to squeeze past the vehicle.
- Krebs testified he saw the parked police vehicle with lights but did not see the officer or hear a command (windows up, radio on), believed the road was open, and denied driving onto the sidewalk.
- The bench found Krebs guilty on all counts; the court sentenced him to a suspended 10-day jail term, fines, and costs. On appeal the court vacated two convictions and affirmed one.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court could try Krebs by bench without a written jury waiver for the petty-offense charge | City: bench trial was proper after Krebs said he wanted to proceed without a jury at the start of trial | Krebs: had filed a written jury demand and never signed/filed a written waiver as required by R.C. 2945.05 | Partially for Krebs — conviction for failure to comply vacated because no valid written waiver for the petty-offense charge; bench trial valid for the minor misdemeanors (no jury right) |
| Sufficiency of evidence for failure to comply with a lawful police order (CCO 403.02(A)) | City: Krebs saw the marked police vehicle with lights and drove around it — that establishes noncompliance | Krebs: did not see the officer or an order; driving past a parked vehicle with lights is not necessarily failure to comply | For Krebs — reversed for insufficient evidence: prosecution failed to prove Krebs acted recklessly or was aware of a lawful order |
| Sufficiency of evidence for failure to yield to a public safety vehicle (CCO 431.21) | City: lights on police vehicle required yield | Krebs: vehicle was parked, officer was outside the vehicle, no siren/audible signal, no vehicle approaching to pass | For Krebs — reversed for insufficient evidence: ordinance requires an approaching public safety vehicle giving an audible signal, which did not occur here |
| Manifest-weight challenge to driving on sidewalk conviction (CCO 431.37) | City: officer eyewitness testimony that Krebs drove onto curb/sidewalk to avoid police vehicle | Krebs: denied driving on curb/sidewalk; testified he had room and only felt tire brush the curb | For City on this claim — conviction for driving on the sidewalk was affirmed as not against the manifest weight of the evidence |
Key Cases Cited
- State v. Lomax, 872 N.E.2d 279 (Ohio 2007) (R.C. 2945.05 waiver requirements must be strictly followed)
- State v. Pless, 658 N.E.2d 766 (Ohio 1996) (absent strict compliance with statutory waiver rules, trial court lacks jurisdiction to try defendant without a jury)
- State v. Jenks, 574 N.E.2d 492 (Ohio 1991) (standard for sufficiency review — whether, viewing evidence in prosecution’s favor, any rational trier of fact could find essential elements proven)
- State v. Thompkins, 678 N.E.2d 541 (Ohio 1997) (manifest-weight standard and role of appellate court as ‘‘thirteenth juror’’)
- State v. Brewer, 645 N.E.2d 120 (Ohio App. 1994) (R.C. 2921.331(A) is not strict liability; prosecution must prove recklessness)
- State v. Wac, 428 N.E.2d 428 (Ohio 1981) (discussion of strict-liability construction where statute expressly differentiates culpability)