State v. Landrum
2016 Ohio 5666
Ohio Ct. App.2016Background
- Defendant Candace Landrum was charged with aggravated menacing after allegedly running toward her niece (the victim) while brandishing a butcher knife and yelling threats that she would "beat" and "cut" the victim.
- The incident occurred after a prior confrontation the day before; the victim, her daughter, sister, and a friend (Kesha Washington) were present when Landrum approached.
- Washington corroborated that Landrum ran at the victim with a knife; Washington retrieved the thrown knife and secured it in her car. A responding officer testified the victim reported being threatened.
- Landrum testified she was angry, denied possessing a knife, and claimed the victim or others threatened her with a gun; she mentioned having video but produced none.
- The municipal court convicted Landrum after a bench trial and imposed a mostly suspended jail term with community control; the court stayed the sentence pending appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence showed the victim subjectively believed Landrum would cause her serious physical harm (aggravated menacing under R.C. 2903.21(A)) | Victim testified she believed Landrum and feared her when Landrum ran up with a knife and threatened to "beat" and "cut" her; testimonial and eyewitness corroboration suffice | Landrum argued evidence was insufficient and against the manifest weight because victim equivocated about being "scared" and Landrum denied wielding a knife, asserting the victim threatened her with a gun | Court held the evidence sufficient and the conviction was not against the manifest weight: victim repeatedly testified she feared and felt threatened, corroborated by a witness; trial court could credit victim over Landrum |
Key Cases Cited
- State v. Jenks, 61 Ohio St.3d 259, 574 N.E.2d 492 (Ohio 1991) (standard for reviewing sufficiency of the evidence)
- State v. Thompkins, 78 Ohio St.3d 380, 678 N.E.2d 541 (Ohio 1997) (standard for reviewing manifest weight challenges)
- State v. Railey, 977 N.E.2d 703 (1st Dist. 2012) (trial court in bench trial best positioned to assess witness credibility)