State v. Lowe
2018 Ohio 3916
Ohio Ct. App.2018Background
- On July 28, 2017, Javonte Lowe went to his ex-girlfriend Kelsey Nelson’s apartment, brandished a rock, shouted threats (“Bitch. I’ll beat your ass.”), made an obscene gesture, and (per Nelson) kicked and damaged the bottom of her door; Nelson photographed Lowe and the damaged door and called police.
- Police prepared charges of menacing and criminal damaging; Officer Jay Stephens searched the area, located Lowe walking nearby minutes after telling Nelson warrants existed, identified himself, and Lowe fled on foot; Lowe was later taken into custody.
- Lowe was tried in municipal court: bench trial on menacing and criminal damaging; resisting-arrest (for fleeing Officer Stephens) was also tried; Lowe was found guilty on all counts. The court discredited his testimony denying threats/damage.
- At sentencing Lowe launched an expletive-laden tirade, directed insults at Officer Stephens and the judge after warnings; the court found him in direct, criminal contempt and sentenced him to 180 days for contempt, plus jail and fines for the misdemeanors with credit for time served and restitution for the door.
- Lowe appealed, challenging sufficiency and weight of the evidence for the three convictions and the contempt conviction and sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency/weight for menacing and criminal damaging | State: Nelson’s testimony, photos, and officer evidence prove Lowe knowingly threatened Nelson and damaged her door | Lowe: He did not threaten or damage the door; photos preexisted; he was apologizing; brandishing rock was mental-health coping | Court: Convictions affirmed; evidence sufficient and not against manifest weight; trier of fact credited Nelson and photo evidence |
| Sufficiency/weight for resisting arrest | State: Officer had intent to arrest (warrants), identified himself, Lowe knew warrants existed, and flight constituted resisting arrest | Lowe: No lawful arrest occurred; officer simply yelled “Hey, man,” insufficient to show intent or that a reasonable person would know arrest was occurring | Court: Conviction affirmed; officer knew warrants existed and had told Lowe; exiting marked cruiser and shouting to Lowe supported that a reasonable person would understand arrest intent |
| Contempt finding | State: Lowe’s in-court profanity, threats and disruption after warnings obstructed court and justified direct criminal contempt | Lowe: Initial comment did not disrupt; officer’s prompting caused outburst; sentence excessive | Court: Contempt affirmed; behavior in presence of court after warnings obstructed proceedings; sanction not an abuse of discretion |
| Sentence length for contempt | State: Court discretion to impose punitive sanction for direct contempt | Lowe: 180 days exceeds statutory 30-day limit for contempt | Court: R.C. limit for indirect contempt inapplicable to direct contempt; appellate court will not disturb sentence absent abuse of discretion; no abuse found |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (standard for reviewing sufficiency and manifest-weight challenges)
- State v. DeHass, 10 Ohio St.2d 230 (trial court as factfinder resolves witness credibility)
- Denovchek v. Bd. of Trumbull Cty. Commrs., 36 Ohio St.3d 14 (court’s inherent and statutory power to punish contempt; definition of contempt)
- State v. Kilbane, 61 Ohio St.2d 201 (direct contempt not limited by R.C. 2705.05; appellate review for abuse of discretion)
- State v. Carroll, 162 Ohio App.3d 672 (discussion of when flight from officer constitutes arrest/resisting arrest)