State v. Cook, 2021 Ohio 3841

On July 12, 2020, Christiaan Cook was in a gym parking lot with his two children when officer Anthony Dawson observed an altercation between Cook and his four‑year‑old son, S.S.
Dawson testified and body‑camera footage showed Cook striking the child, grabbing him by the neck, and slamming him face‑first onto a car trunk; Cook disputed aspects of that account, saying he only spanked the child and denied a neck‑snatch.
Cook was charged with assault, domestic violence, and child endangerment; at a bench trial the court convicted him of domestic violence and child endangerment (assault merged into the domestic‑violence count), imposed concurrent jail terms with most time suspended, and placed him on community control.
On appeal Cook argued the convictions were unsupported by sufficient evidence and against the manifest weight of the evidence, and that the domestic‑violence and child‑endangerment convictions should have merged as allied offenses.
The court affirmed the convictions (sufficiency and manifest‑weight challenges rejected), but found the two convictions are allied offenses that should have merged, vacated the sentences, and remanded for a new sentencing hearing at which the state must elect which allied offense to pursue.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency and manifest weight of domestic‑violence conviction	State: officer testimony and bodycam establish Cook knowingly caused physical harm	Cook: no injury, lack of intent, reasonable parental discipline	Affirmed — evidence sufficient; conviction not against manifest weight
Sufficiency and manifest weight of child‑endangerment conviction	State: slamming child by neck onto car created substantial risk and showed recklessness	Cook: conduct was controlled discipline; expert proof needed on risk	Affirmed — evidence sufficient; conviction not against manifest weight
Merger of domestic violence and child endangerment under R.C. 2941.25(A)	State conceded the convictions should merge	Cook: (argued merger)	Sustained — convictions are allied; sentences vacated; remanded for resentencing and state election

State v. Jenks, 61 Ohio St.3d 259, 574 N.E.2d 492 (sufficiency‑of‑the‑evidence standard)
State v. Faggs, 159 Ohio St.3d 420, 151 N.E.3d 593 (recognizing reasonable parental discipline as an affirmative defense to domestic violence)
State v. Ruff, 143 Ohio St.3d 114, 34 N.E.3d 892 (test for allied offenses of similar import)
State v. Whitfield, 124 Ohio St.3d 319, 922 N.E.2d 182 (state must elect which allied offense to pursue on remand)
State v. McGee, 79 Ohio St.3d 193, 680 N.E.2d 975 (recklessness mens rea for child endangerment)
State v. Hartley, 194 Ohio App.3d 486, 957 N.E.2d 44 (expert testimony not required when risk is within common knowledge)
State v. Hustead, 83 Ohio App.3d 809, 615 N.E.2d 1081 (even a slap causing pain without marks can constitute physical harm)
State v. Thompkins, 78 Ohio St.3d 380, 678 N.E.2d 541 (manifest‑weight standard)