State v. Tribble
2011 Ohio 3618
Ohio Ct. App.2011Background
- Appellant Bennie Tribble, Jr. was convicted by bench trial of felonious assault with a deadly weapon (boxcutter) following a February 27, 2010 bar incident.
- Bouncers removed Tribble from the Yellow Rose nightclub; outside, Tribble allegedly assaulted bouncers and pulled a knife with the blade extended toward them.
- Witnesses described Tribble's approach, threats, and multiple punches; several bouncers testified Tribble refused to leave and continued aggressing him after being told to depart.
- Police intervened; Tribble was restrained, later admitted he used the knife in a manner suggesting aggression, and the trial court found he failed to prove self-defense.
- The court instructed on self-defense elements and concluded Tribble did not retreat or avoid danger and that he created the confrontation.
- Tribble challenged the verdict as against the manifest weight of the evidence, arguing self-defense was valid.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the self-defense finding was against the manifest weight | Tribble: self-defense valid; weight favors me | State: self-defense not proven; weight supports conviction | Not against the weight; affirmed |
| Whether the evidence shows Tribble used a deadly weapon to harm | Tribble contends no harm by weapon occurred and conviction should weigh against | State: evidence shows proximity and knife use; supports guilt | Not against the weight; affirmed |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (weight vs. sufficiency distinction; defer to factfinder on credibility)
- State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (sufficiency standard for appellate review)
- State v. DeHass, 10 Ohio St.2d 230 (Ohio 1967) (deference to factual findings and witness credibility)
- State v. Barnes, 94 Ohio St.3d 21 (Ohio 2002) (self-defense elements and duty to retreat)
- State v. Robbins, 58 Ohio St.2d 74 (Ohio 1979) (duty to retreat in deadly force cases)
- State v. Workman, 84 Ohio App.3d 537 (Ohio App. 1992) (sufficiency of evidence; weight/credibility not in issue here)
- Poole, State v. Poole, 33 Ohio St.2d 18 (Ohio 1973) (self-defense as justification; conflicts with prosecution's facts)