Cleveland v. Sands, 2017 Ohio 8313

Je’Mel Sands was charged in Cleveland Municipal Court with aggravated menacing for threatening to kill his former girlfriend, Rynaysa Bray, and her new boyfriend on January 26, 2016.
Bray testified she and Sands had been in a nine-year relationship and shared a child; she had ended the relationship the prior July.
On the day in question Sands called Bray, yelled threats including "I'm going to kill you when I see you," and texted that he knew where her new boyfriend lived and worked; Bray knew Sands was on probation for gun charges.
Bray reported the threats to a family friend who was a Cleveland police officer and filed a police report the next day; members of Bray’s family also received contact from Sands that day.
Sands waived a jury, was convicted by the bench of aggravated menacing, sentenced to a suspended jail term and probation, and appealed on sufficiency grounds.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence supported that victim subjectively believed defendant would cause serious physical harm	City: Bray’s testimony, threats referencing knowledge of boyfriend’s location, Sands’ probation for gun charges, prompt police report show Bray reasonably believed Sands would cause serious harm	Sands: City failed to prove Bray subjectively believed Sands would cause her serious physical harm at the time of the threats	Conviction affirmed — reasonable minds could find Bray subjectively believed Sands would cause serious harm

State v. McFeeture, 36 N.E.3d 689 (Ohio App. 2015) (sets forth sufficiency-of-evidence standard in favor of prosecution on appeal)
State v. Jenks, 574 N.E.2d 492 (Ohio 1991) (Jenkins test for reviewing sufficiency of the evidence)
State v. Tibbetts, 749 N.E.2d 226 (Ohio 2001) (appellate deference to reasonable minds on sufficiency review)