2023 Ohio 1640
Ohio Ct. App.2023Background
- On Feb. 13, 2022, after an angry exchange of texts, Gibson (intoxicated) threatened to physically punish his daughter while approaching a car where Turner and their children were present.
- Turner stepped between Gibson and the children; Gibson pushed her to the ground twice during the confrontation.
- During the struggle one of Gibson’s dreadlocks detached; Turner sustained bruised ribs and injured fingers and sought medical treatment.
- Police arrested Gibson the same night; he was charged under R.C. 2919.25(A) (domestic violence).
- Following a bench trial the court found Gibson guilty; he received a suspended 180-day jail term with probation. Gibson appealed, arguing his conviction was against the manifest weight of the evidence because he acted in self-defense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the conviction is against the manifest weight of the evidence because Gibson acted in self-defense | State: Evidence (including credibility of Turner) disproved at least one element of self-defense — specifically that defendant was at fault in creating the situation | Gibson: He acted in self-defense; Turner attacked first (pulled his dreadlock), so he was not at fault | Affirmed. The trial court credited Turner, found Gibson created the situation; the State disproved self-defense (fault) beyond a reasonable doubt |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380, 678 N.E.2d 541 (1997) (standard for manifest-weight review)
- Dept. of Edn. v. Leo W., 226 F. Supp. 3d 1081 (D. Haw. 2016) (discussing poor eye contact in autism/ADHD and cautioning against equating lack of eye contact with mendacity)