2019 Ohio 3799
Ohio Ct. App.2019Background
- Justin Wells was fitted with an ankle electronic monitoring unit as a bond condition after a traffic stop that produced suspected narcotics; he signed a written agreement warning that leaving his residence or tampering with the device could lead to arrest and additional charges.
- Wells requested and received permission to leave his residence and travel directly to the Lawrence County Bureau of Community Corrections for a weekly check-in; the Bureau suspended the monitor alarm for that trip.
- Instead of going to the Bureau, monitoring records show Wells drove the opposite direction; about four minutes after leaving home a “strap tamper” alarm triggered while he was on U.S. 52 in South Point (Lawrence County), and the device was later recovered cut and concealed in a building in Huntington, West Virginia.
- Wells was apprehended in Huntington, WV; separate lab testing changed the original drug charges to fentanyl possession and trafficking counts; Wells was tried on consolidated charges including tampering with evidence (R.C. 2921.12(A)(1)).
- At trial the jury convicted Wells of possession, tampering with evidence, and vandalism of government property. Wells moved for acquittal under Crim.R. 29 based on venue insufficiency for the tampering charge; the trial court denied the motion and sentenced him to 41 months.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether tampering conviction was against the manifest weight of the evidence | State: Evidence showed Wells knew bond/monitoring conditions, left residence in violation, tampered with and concealed the unit, and therefore knew an official investigation was likely | Wells: No proof he knew an official proceeding was likely when he removed the monitor; no proof of where the tampering occurred (could be WV) | Court: Affirmed. Jury reasonably inferred Wells knew an investigation was likely and tampered to impair evidence; conviction not against manifest weight |
| Whether venue in Lawrence County was proper for tampering charge | State: An element (knowledge an investigation was likely) occurred when Wells left his Lawrence County residence and drove the wrong way; device alarm occurred while in Lawrence County and, under transit-venue rule, trial may be in any jurisdiction the vehicle passed | Wells: Insufficient evidence to establish the tampering occurred in Lawrence County; possible lag in device reporting means tampering could have occurred in WV | Court: Venue proper. Evidence and circumstantial facts placed elements in Lawrence County; alternatively R.C. 2901.12(B) allows prosecution in any jurisdiction traversed when offense occurs in a vehicle in transit |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (standard for manifest-weight review)
- State v. Hunter, 131 Ohio St.3d 67 (Ohio 2011) (court's role in weighing evidence and credibility in criminal appeals)
- State v. Straley, 139 Ohio St.3d 339 (Ohio 2014) (elements of tampering with evidence under R.C. 2921.12)
- State v. Barry, 145 Ohio St.3d 354 (Ohio 2015) (definition and proof of "knowingly" under R.C. 2901.22(B))
- State v. Headley, 6 Ohio St.3d 475 (Ohio 1983) (venue under Ohio Constitution and R.C. 2901.12)
- Jenks v. Ohio, 61 Ohio St.3d 259 (Ohio 1991) (sufficiency standard for criminal convictions)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for sufficiency of the evidence in criminal convictions)