State v. Mpanurwa
102 N.E.3d 66
| Ohio Ct. App. | 2017Background
- Victim (B), a 90‑year‑old woman who used a cane and had osteoporosis, was grabbed by appellant Jean Paul Mpanurwa while walking, dragged off the path, forced to the ground, and raped.
- Medical exam showed vaginal tearing, lacerations, bruising, and bruising on B’s forearm; later X‑rays revealed a distal radius fracture in the wrist area.
- DNA from the rape kit matched Mpanurwa; he was indicted for rape (R.C. 2907.02), felonious assault (R.C. 2903.11(A)(1)), and kidnapping (R.C. 2905.01(A)(2)).
- After a bench trial, the court convicted on all counts, merged rape and kidnapping over the State’s objection, elected to proceed on rape (11 years), denied merger of felonious assault with rape, and imposed a consecutive 2‑year term for felonious assault (total 13 years).
- Mpanurwa appealed arguing insufficient evidence for felonious assault and that felonious assault should merge with rape; the State cross‑appealed the merger of rape and kidnapping.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for felonious assault (knowingly causing serious physical harm) | State: evidence (bruising, fracture, age/frailty of victim, force used) supports that defendant acted knowingly and caused serious physical harm | Mpanurwa: lacked intent/awareness that his conduct would probably cause serious physical harm; fracture not intended | Court: Evidence sufficient; reasonable factfinder could conclude defendant was aware his force would probably injure the frail, elderly victim; conviction affirmed |
| Merger: felonious assault with rape | State: offenses distinct; separate harms | Mpanurwa: assault was incident to the rape and part of the same act, so should merge | Court: No merger; the assault (grabbing, dragging, causing fracture) produced separate, identifiable physical harm distinct from rape; separate convictions permitted |
| Merger: rape with kidnapping (State cross‑appeal) | State: kidnapping and rape should not have merged | Mpanurwa: kidnapping was incidental to the rape and should merge | Court: Rape and kidnapping merged; movement/restraint was brief, slight (10–15 feet), nonsecretive, and immediately followed by release, so kidnapping was incidental to rape under Logan/Ruff framework |
Key Cases Cited
- State v. Ruff, 143 Ohio St.3d 114 (2015) (sets test for allied offenses: dissimilar import, separate acts, or separate animus)
- State v. Logan, 60 Ohio St.2d 126 (1979) (guidelines for when kidnapping is incidental to another offense: movement/restraint brief, slight, nonsecretive)
- State v. Williams, 134 Ohio St.3d 482 (2012) (standard of review for merger decisions: de novo)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (discusses sufficiency standard and appellate review of sufficiency challenges)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (sets the Jenks sufficiency-of-the-evidence standard for appellate review)
- State v. Cherry, 171 Ohio App.3d 375 (2007) (describes sufficiency review principles in appellate context)