State v. Harris, 2015 Ohio 5378

On March 24, 2014, neighbor Chad Keefer confronted Wayne Harris after Harris made an obscene gesture; Keefer approached and Harris displayed a revolver and threatened him. Keefer retreated and called 911.
Deputies located Harris’s residence; Deputy Breedan ordered Harris to put his hands on his head and step outside. Harris yelled profanities and retreated back into his home, making noises suggesting he was barricading the door.
Dispatch contacted Harris and convinced him to come to the rear balcony, at which point deputies entered the front door, made contact with Harris, and arrested him. A loaded revolver was later found under a mattress.
A grand jury indicted Harris for aggravated menacing and obstructing official business. A jury convicted him of both counts and the trial court imposed 15 months of community control.
Harris appealed, arguing the evidence was insufficient to support his conviction for obstructing official business and that his conduct did not rise to a fifth-degree felony.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Harris)	Held
Whether evidence was sufficient for obstructing official business (R.C. 2921.31)	Harris’s retreat was an overt act that impeded deputies and supported conviction	Mere retreat/remaining inside is not an affirmative act and cannot be obstruction	Court held retreat after an officer’s order was an overt act sufficient for conviction
Whether the conduct elevated offense to felony 5 (created risk of physical harm)	Retreated conduct and threat with gun created risk to officers/occupants when deputies entered with weapons drawn	Retreat alone did not create a risk of physical harm to qualify as felony	Court held sufficient evidence that Harris’s actions created a risk of physical harm, supporting felony-5 classification

State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (standard of review for sufficiency of the evidence)
State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (defining appellate sufficiency review and "light most favorable" test)
North Ridgeville v. Reichbaum, 112 Ohio App.3d 79 (9th Dist. 1996) (affirmative act required for obstructing official business)
State v. Davis, 140 Ohio App.3d 751 (1st Dist. 2000) (officer’s right to detain limits suspect’s ability to walk away)
State v. Kates, 169 Ohio App.3d 766 (10th Dist. 2006) (fleeing from an officer constitutes an affirmative act)
State v. McCrone, 63 Ohio App.3d 831 (9th Dist. 1989) (refusal to produce identification held not to be obstruction)