State v. Brent
2014 Ohio 5246
| Ohio Ct. App. | 2014Background
- On August 15, 2012, Tina R. Brent and others assaulted Mariah Card at Brent's home; the attack was motivated by concerns Mariah had been "talking" about criminal matters involving Brent's son Vincent, who was charged with a double homicide.
- Prior to the assault Mariah had contact with Vincent (in jail) and was present at the victims' house shortly before the homicides.
- Police seized a phone with videos dated August 15, 2012 capturing Brent and others discussing Mariah, expressing that she "knew too much" and planning to confront/attack her.
- Mariah testified she did not have information about the homicides, but other evidence (audio recordings and Toni Long’s testimony) contradicted that denial.
- A jury convicted Brent of assault and of intimidation of a crime victim or witness (R.C. 2921.04); Brent appealed only the witness‑intimidation conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to convict Brent of witness intimidation (Crim.R. 29/sufficiency) | State: Record (videos, testimony) shows Mariah had or claimed knowledge about the homicide and Brent attacked her because of that; sufficient to prove R.C. 2921.04 elements | Brent: Mariah denied having knowledge of the homicide facts, so she was not a "witness" under R.C. 2921.04(E); insufficient evidence | Affirmed: Evidence, viewed in prosecution's favor, was sufficient to prove Mariah was a witness and Brent knowingly used force to intimidate her |
| Whether the witness‑intimidation verdict was against the manifest weight of the evidence | State: Credible audio and testimony supported the jury’s verdict; jury entitled to resolve credibility conflicts | Brent: Conviction is against the manifest weight because key witness (Mariah) denied knowledge and the state’s proof was weak | Affirmed: After weighing record and credibility, the court finds the jury did not lose its way; conviction not against manifest weight |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (distinguishes sufficiency and manifest‑weight standards)
- State v. Ready, 143 Ohio App.3d 748 (Ohio App. — discusses sufficiency review standard)
- State v. Tenace, 109 Ohio St.3d 255 (Ohio 2006) (explains standard for evaluating sufficiency of the evidence)
- State v. Wilson, 113 Ohio St.3d 382 (Ohio 2007) (discusses manifest‑weight review and credibility determinations)
- State v. Martin, 20 Ohio App.3d 172 (Ohio App. — application of manifest‑weight reversal standard)