State v. Soucek, 2018 Ohio 3834

On Dec. 27, 2016, in a trailer park in Elyria, David Soucek allegedly approached a neighbor and threw the contents of a jar (drain cleaner) into the victim’s face, causing serious physical injury.
The victim and a neighbor testified Soucek threatened the victim, opened a jar, and intentionally threw the liquid; the victim sustained burning and sought medical attention.
Soucek testified the spill was accidental: he was showing drain cleaner to the neighbor, was allegedly struck by the victim, panicked, and the substance unintentionally spilled.
Soucek was indicted for felonious assault (R.C. 2903.11(A)(1)) and obstructing official business (R.C. 2921.31(A)); convicted of felonious assault and acquitted of obstruction.
On appeal Soucek challenged the sufficiency of the evidence as to the mens rea (whether he acted knowingly). The court reviewed sufficiency de novo, viewing the evidence in the light most favorable to the prosecution.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the State produced sufficient evidence that Soucek "knowingly" caused serious physical harm by throwing a caustic substance	The State: testimony shows Soucek threatened the victim, produced a jar, unscrewed the lid, and threw the liquid at the victim’s face — a rational jury could find he acted knowingly	Soucek: the spill was an accident or, at most, recklessness — he panicked after being struck and the substance unintentionally spilled	Court affirmed conviction: sufficient evidence supports a finding Soucek acted knowingly

State v. Thompkins, 78 Ohio St.3d 380 (distinguishes sufficiency and manifest-weight review)
State v. Jenks, 61 Ohio St.3d 259 (standard for sufficiency review: could any rational trier of fact find elements proved beyond reasonable doubt)
State v. Smith, 80 Ohio St.3d 89 (discusses distinctions between sufficiency and weight review)
State v. Yarbrough, 95 Ohio St.3d 227 (credibility and weight are for the trier of fact; not for sufficiency review)
O'Toole v. Denihan, 118 Ohio St.3d 374 (discusses conscious awareness required for recklessness)