State v. Hensley
2021 Ohio 3702
Ohio Ct. App.2021Background
- Appellant Stephen Hensley was charged (Oct. 19, 2020) and tried by bench trial for violating a civil stalking protection order (CPO) and aggravated menacing based on an October 16, 2020 encounter with neighbor Marandah Earl.
- Earl obtained a CPO Oct. 15 that prohibited Hensley from coming within 50 feet of her and her children and from contacting or interfering with their school.
- Earl testified Hensley walked within ~25 feet while she was in her front yard, pulled up his shirt to reveal a firearm, and threatened to “blow [her] brains out” (and later threatened her children), then drove by toward the school. She called police and reported a possible school shooting.
- Police located Hensley in the passenger seat of a red minivan near the school and arrested him; officers searched and found no weapon.
- Hensley and witness Elsie testified he was at Elsie’s house, walked around the block, did not approach or threaten Earl, does not own a gun, and suffers monthly seizures causing memory gaps.
- The municipal court found Earl credible, convicted Hensley of violating the CPO and aggravated menacing, sentenced him to jail (with part stayed), fines, and community control; Hensley appealed alleging convictions were against the manifest weight of the evidence.
Issues
| Issue | Plaintiff's Argument (State/Earl) | Defendant's Argument (Hensley) | Held |
|---|---|---|---|
| Whether conviction for violating the CPO was against the manifest weight of the evidence | Earl’s testimony and contemporaneous calls to police show Hensley came within 50 feet and violated the CPO. | Earl was inconsistent, had motive to fabricate, and Hensley’s alibi shows he did not approach her. | Affirmed — court credited Earl; evidence did not weigh heavily against conviction. |
| Whether conviction for aggravated menacing was against the manifest weight of the evidence | Earl subjectively feared serious harm because Hensley displayed a firearm, threatened to shoot her and her children, and went toward the school. | Hensley denied threats, no gun was recovered, and his seizure/memory issues undermine the accusations. | Affirmed — court found Earl credible; subjective fear and threats established. |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (establishes that a manifest-weight reversal is warranted only in the exceptional case where the evidence weighs heavily against conviction)