2019 Ohio 4855
Ohio Ct. App.2019Background
- Defendant William Baxter was convicted after a bench trial of domestic violence under R.C. 2919.25(A) for shoving Tanisha Turney, the mother of his child, into a heavy retail display at a Family Dollar.
- Surveillance video of the altercation and eyewitness testimony from store employee Kenneth Fleming were admitted at trial.
- Fleming testified Baxter shoved Turney, moved the heavy display about three feet, and knocked merchandise to the floor; Fleming called 911 and intervened with a personal taser.
- Turney testified she was injured in her back when the display struck her; Baxter testified he shoved her to push her away and did not intend to hurt her.
- The trial court overruled Baxter’s Crim.R. 29 motion; Baxter appealed, challenging sufficiency and weight of the evidence.
- The First District Court of Appeals affirmed, holding the evidence was sufficient and the conviction was not against the manifest weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency: Did the evidence prove physical harm or an attempt to cause harm under R.C. 2919.25(A)? | State: Video, eyewitness account, and Turney’s testimony showed Baxter shoved Turney into a heavy display causing injury or at least an attempt to harm. | Baxter: Turney suffered no meaningful physical harm; no visible cuts or serious injury. | Held: Sufficient. Even slight injury or an attempt to cause harm satisfies the statute; Turney’s testimony and evidence supported conviction. |
| Mens rea / Weight: Did the evidence show Baxter acted knowingly, and was Turney’s testimony credible? | State: Baxter’s force that moved a heavy table made it reasonable to infer he was aware his conduct would probably cause harm; corroborating witness supported credibility. | Baxter: He did not intend to hurt Turney and her police statement contained variations (e.g., alleged punch) undermining credibility. | Held: Held against Baxter. The court found the knowing element proven and the trial court did not lose its way in assessing witness credibility. |
Key Cases Cited
- State v. Jenks, 61 Ohio St.3d 259 (1991) (sets Ohio sufficiency-of-the-evidence standard)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (explains manifest-weight review and appellate "thirteenth juror" role)
- State v. Daniels, 111 N.E.3d 708 (1st Dist.) (slight injury is sufficient to prove physical harm under R.C. 2919.25)
- Cleveland v. Mincy, 118 N.E.3d 1163 (8th Dist.) (conviction may rest on attempt to cause physical harm under R.C. 2919.25)