State v. Bittner
2021 Ohio 4103
| Ohio Ct. App. | 2021Background
- On Jan. 2, 2021, Brian Humphrey observed Shane Bittner drive his truck through Humphrey’s front yard, leaving tire grooves and mud on the house; Humphrey reported the incident.
- Bittner was charged with one count of criminal damaging (R.C. 2909.06(A)(1)) on Jan. 4, 2021.
- At the May 18, 2021 bench trial, Humphrey testified he knew Bittner and identified him as the driver; police photos of the lawn and mud were admitted.
- Defense investigator Avery Moeller photographed the yard and measured tire marks and Bittner’s truck tires about two months later, noting slight discrepancies and that Bittner’s truck windows were tinted.
- The trial court found Bittner guilty, sentenced him to 90 days (all suspended), ordered $92 restitution and fines/costs; Bittner appealed claiming the conviction was against the manifest weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether conviction was against the manifest weight of the evidence | State: Humphrey’s eyewitness ID and police photos prove Bittner knowingly damaged property | Bittner: testimony and measurements raise reasonable doubt; court said Humphrey lacked credibility; tint/darkness prevented ID | Court affirmed: weight of evidence supports conviction; trial court did not lose its way |
| Identity of driver | Humphrey: knew Bittner and saw him in the truck (Christmas lights provided illumination) | Bittner: it was dark and truck windows were tinted so ID unreliable | Court credited Humphrey’s testimony and found it sufficient to establish identity |
| Sufficiency/extent of damage | State: photos show observable lawn damage allowing inference of loss in value and loss of enjoyment | Bittner: investigator’s later photos/measurements undercut connection to Bittner’s truck | Court: later photos could reflect weathering; Moeller’s evidence was not exculpatory and did not negate damage or causation |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (standard for reviewing manifest-weight claims)
- State v. Martin, 20 Ohio App.3d 172 (1st Dist. 1983) (reversal on weight grounds only in exceptional cases)
- State v. Maust, 4 Ohio App.3d 187 (5th Dist. 1982) (loss in value may be inferred from observable damage)
- State v. Hartman, 64 N.E.3d 519 (2d Dist. 2016) (deference to trier of fact on witness credibility)
- State v. Jackson, 63 N.E.3d 410 (2d Dist. 2015) (discussion of deference to trial-court credibility findings)