State v. Romes
2016 Ohio 5772
Ohio Ct. App.2016Background
- On January 5, 2014, Brian Romes struck the rear of Rebecca Brummer’s car after all three had been at the same bar; there was a dispute whether the collision occurred in the bar parking lot (Romes: icy lot) or at a stop sign on Route 83 (Brummer: Romes was intoxicated).
- Romes was charged with one count of OVI (R.C. 4511.19(A)(1)(a)) and one count of failing to maintain an assured clear distance; following a bench trial the court found him guilty of both offenses.
- Key eyewitness testimony: Rebecca Brummer (saw Romes drinking, observed slurred speech, stumbling, and heard apologies that he drank too much); Joyce (Judy) Brummer (testified Romes apologized and admitted drinking and leaving the scene); Ohio State Trooper Shawn Mollohan (responded later, smelled strong alcohol, observed bloodshot/glassy eyes, slurred speech, Romes initially denied involvement then admitted “bumping” the car).
- Romes testified he drank only minimally at the bar, that the crash was a low-speed slide on ice in a parking lot, that he later drank at home, and denied admissions attributed to him by witnesses.
- The municipal court convicted Romes; he appealed asserting (1) insufficient evidence to support the OVI conviction and (2) that the conviction was against the manifest weight of the evidence.
- The Ninth District Court of Appeals affirmed the convictions, overruling both assignments of error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for OVI | State: Testimony and officer observations provided enough evidence of intoxication to prove OVI beyond a reasonable doubt | Romes: Trooper never saw him driving; eyewitness testimony was unreliable/biased and inconsistent | Affirmed — evidence sufficient when viewed in favor of prosecution; lay and officer observations supported intoxication finding |
| Manifest weight of the evidence for OVI | State: Credible witnesses (Brummers, trooper) supported conviction; trial court entitled to weigh credibility | Romes: Conflicting statements, alleged bias by Joyce Brummer, timeline could allow drinking after the crash; trooper saw him two hours later | Affirmed — appellate court will not substitute its credibility determinations; trial court did not create a manifest miscarriage of justice |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (standard of review for sufficiency and weight of the evidence)
- State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (sufficiency standard: view evidence in light most favorable to prosecution)
- State v. Otten, 33 Ohio App.3d 339 (9th Dist. 1986) (manifest-weight standard and appellate review of credibility and conflicts in evidence)