2012 Ohio 3811
Ohio Ct. App.2012Background
- Cuyahoga County jury found Scott guilty of failure to comply with an order or signal, carrying a concealed weapon, and drug possession; sentence three years.
- February 4, 2010, Cleveland police pursued Scott in a zone car after detecting an expired license plate vehicle.
- Scott fled at 35–40 mph in a 25 mph zone, ran several stop signs, and continued despite sirens and lights.
- At East 100th Street, Scott’s left turn resulted in a crash with a guardrail and a parked car; bystander was nearby and narrowly avoided injury.
- Scott exited, attempted to drive away in reverse, but could not, then ran; pistol and cocaine were found on him.
- Trial court denied defense motions; jury found him guilty on all counts and sentenced him to three years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the failure-to-comply conviction willful | Scott did not stop and fled after signals; conduct was willful. | The short chase and slow speeds negate willfulness. | Willful failure to stop; weight not against conviction. |
| Was the furthermore (substantial risk) finding supported | Operation created substantial risk of serious harm or property damage. | No actual harm occurred; evidence insufficient for substantial risk. | Substantial risk found; offense elevated to third degree felony. |
Key Cases Cited
- State v. Leonard, 104 Ohio St.3d 54 (Columbus 2004) (standard for reviewing manifest weight challenges)
- State v. Martin, 20 Ohio App.3d 172 (Cuyahoga App. 1983) (weight-of-the-evidence review caution)
