2022 Ohio 362
Ohio Ct. App.2022Background
- Justin Peel, a security guard, put a warning sticker on Janae Walker’s car for allegedly parking in a handicapped spot; Janae produced a placard hidden in the car.
- Peel pushed the sticker into the car window, took a photo, and told Janae to take it up with someone else.
- A family member threatened to get a gun; Peel placed his hand on a Taser and then pointed a gun at 74‑year‑old Linda Bea and later at Mary Walker while waving it and yelling.
- Peel was charged with five counts of aggravated menacing; two counts were dismissed for victims’ nonappearance and three counts (relating to Janae, Linda, and Mary) proceeded to a bench trial.
- The trial court acquitted on aggravated menacing but convicted Peel of three counts of disorderly conduct under R.C. 2917.11(A)(1) as a lesser‑included offense; Peel appealed.
- The court of appeals affirmed, holding disorderly conduct (A)(1) is a lesser‑included offense of aggravated menacing and upholding the convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether disorderly conduct (R.C. 2917.11(A)(1)) is a lesser‑included offense of aggravated menacing (R.C. 2903.21(A)) | Disorderly conduct is a lesser‑included offense; conviction valid | Disorderly conduct is not a lesser‑included offense of aggravated menacing | Yes. (A)(1) is a lesser‑included offense; convictions affirmed |
Key Cases Cited
- State v. Deem, 40 Ohio St.3d 205 (1988) (announces three‑part test for lesser‑included offenses)
- State v. Evans, 122 Ohio St.3d 381 (2009) (clarifies and applies Deem lesser‑included analysis)
- State v. Lampela, 67 N.E.3d 836 (6th Dist. 2016) (holds A(5) variant of disorderly conduct is not lesser‑included; distinguished here)