State v. Myers
2020 Ohio 4325
Ohio Ct. App.2020Background
- Defendant Gary L. Myers, Jr. charged with one count of domestic violence (R.C. 2919.25(A)) after allegedly attacking his 77‑year‑old father in October 2019.
- Father allowed Myers to stay overnight; next morning Myers asked for pain pills, then grabbed Father's arms, pushed him against a wall, and struck his chest near Father’s pacemaker.
- Father reported bruising/soreness on his chest and fresh scratches on his arms; he delayed reporting until the next day out of fear of provoking Myers.
- Deputy Tyler Young observed fresh scratches on Father and took a report; Myers was arrested and denied the incident.
- After a bench trial the municipal court denied Myers’s Crim.R. 29 motion, found him guilty, and sentenced him to 89 days (with 89 days to be served at court’s discretion).
- Myers appealed, arguing the court erred in denying the Crim.R. 29 motion, the evidence was insufficient, and the conviction was against the manifest weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Denial of Crim.R. 29 / sufficiency of evidence | State: Evidence (Father’s testimony + observed scratches) suffices to prove family relationship and that Myers knowingly caused or attempted physical harm | Myers: Inconsistencies (delay in reporting, Father didn’t tell deputy about couch detail, no photos) and his denial make evidence insufficient | Court: Evidence, when viewed in State’s favor, was sufficient; Crim.R. 29 denial proper |
| Manifest weight of the evidence | State: Judge credited Father’s testimony; scratches corroborate assault; pushing against wall is attempt to harm | Myers: Testimony inconsistent and uncorroborated; conviction is against manifest weight | Court: Trial judge was in best position to judge credibility; this is not the exceptional case to overturn—conviction not against manifest weight |
Key Cases Cited
- State v. Tenace, 847 N.E.2d 386 (Ohio 2006) (Crim.R. 29 sufficiency standard same as review for sufficiency)
- State v. Hudson, 106 N.E.3d 205 (Ohio 2018) (same standard applied in appellate context)
- State v. Jenks, 574 N.E.2d 492 (Ohio 1991) (standard for reviewing sufficiency of the evidence)
- State v. Thompkins, 678 N.E.2d 541 (Ohio 1997) (manifest‑weight standard and exceptional‑case test)
- Seasons Coal Co., Inc. v. Cleveland, 461 N.E.2d 1273 (Ohio 1984) (bench‑trial deference on witness credibility)
- State v. Martin, 485 N.E.2d 717 (Ohio Ct. App. 1984) (exercise of discretion to grant new trial under manifest‑weight review)