State v. Galindo
2012 Ohio 3626
Ohio Ct. App.2012Background
- Appellant Miguel Valentin Galindo was convicted by jury of one count of disrupting public services ( felony of the fourth degree) after a domestic-violence incident with Maria Rodriguez in 2011.
- Galindo and Maria have two children together; three other minor children were present during the incident.
- Galindo arrived at Maria's North Canton apartment very early, intoxicated, and demanded to sleep with her.
- A confrontation occurred at the door; Maria asked him to leave, they fought, and he gained entry by force, even entering through a window.
- During the incident, Galindo took and broke phones belonging to Maria/A.A., preventing them from calling police until they could access another working phone; four children witnessed most of the incident.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Galindo's conviction for disrupting public services is sufficent and not against weight | Galindo | Galindo | Conviction supported; not against weight or sufficiency |
Key Cases Cited
- State v. Brown, 97 Ohio App.3d 293 (8th Dist. 1994) (defines 'telephone service' to include initiation/receipt of calls; disruption includes breaking a phone)
- State v. White, 2007-Ohio-5671 (2nd Dist.) (disruption need not involve an actual ongoing 911 call)
- State v. Yoakum, No. 01CA005, 2002-Ohio-249 (5th Dist.) (no requirement to show a live call; destruction of phone suffices)
- State v. Thomas, 2003-Ohio-5746 (2nd Dist.) (damaging/tampering with phone to interrupt service satisfies statute)
