State v. Mays
2022 Ohio 3659
Ohio Ct. App.2022Background
- Mays, a security worker at the House of Bread, was charged with misdemeanor assault after an altercation with patron Kenya Turner on June 20, 2020.
- Turner attempted to enter with a stroller; Mays prevented her from entering and attempted to eject her.
- Security-camera video captured the encounter outside the entrance: Turner slapped Mays; both stumbled down steps; Mays held Turner’s arm, grabbed her head, and struck her in the face.
- Mays admitted striking Turner but claimed he acted in self-defense; a co-worker corroborated parts of his account. A bystander testified it appeared Mays tried to hit Turner with a jar he later threw.
- The trial court denied Mays’s Crim.R. 29 motion, found him guilty of assault after a bench trial, and sentenced him to suspended jail time, probation, a fine, and costs.
- On appeal Mays argued insufficiency and manifest-weight errors based on his claimed self-defense; the appellate court affirmed, finding the video disproved self-defense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State proved beyond a reasonable doubt that Mays did not act in self-defense under R.C. 2901.05(B)(1) | Video and witness testimony show Mays went on the offensive after the stumble, so State disproved self-defense | Mays argued Turner was the initial aggressor and his blows were necessary to get her off him | Held for State: video showed Mays kept hold of Turner, grabbed her head, and struck her when she was not posing an imminent threat, so self-defense was disproved |
| Whether the trial court erred denying Crim.R. 29 motion (sufficiency) | Evidence (video) was sufficient to allow conviction and to deny acquittal | Mays argued the evidence established self-defense and thus was insufficient to sustain a conviction | Held for State: denial proper because a rational factfinder could find elements proven beyond a reasonable doubt |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (sufficiency and manifest-weight standards)
- State v. Dennis, 79 Ohio St.3d 421 (standard for sufficiency review)
- State v. Martin, 20 Ohio App.3d 172 (manifest-weight framework and when reversal is required)
- State v. Thomas, 77 Ohio St.3d 323 (elements required to establish self-defense)
- State v. Williams, 74 Ohio St.3d 569 (Crim.R. 29 and sufficiency review principles)
- State v. Bundy, 974 N.E.2d 139 (use-of-force must be reasonably necessary to repel attack)
- State v. Brown, 96 N.E.3d 1128 (self-defense evidentiary burden and review)