2023 Ohio 4456
Ohio Ct. App.2023Background
- Defendant Damar Williams was charged with third-degree-felony domestic violence (R.C. 2919.25(D)(4)) based on punching his wife, B.V., in the chest on August 14, 2022.
- B.V. testified the punch hurt, she immediately left and within five minutes photographed redness on her chest; the redness faded before police arrived later that night.
- Police body‑worn camera recordings and officers’ testimony were admitted; a clerical error listed the incident time as 3:00 p.m. though the victim said it occurred about 1:00 p.m.
- Williams moved for acquittal under Crim.R. 29 arguing the redness was sunburn and pointing to the time discrepancy; the trial court denied the motion and the jury convicted.
- The trial court sentenced Williams to 36 months’ imprisonment and ordered 792 days (remaining postrelease control time) consecutive; Williams appealed, arguing the conviction was against the manifest weight and insufficient.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether conviction was against the manifest weight/sufficient evidence to prove "knowingly" causing physical harm under R.C. 2919.25(A) | State: testimony and photos show a punch that caused momentary pain and redness, sufficient to prove physical harm and that defendant acted knowingly | Williams: no lasting injury, redness was likely sunburn, timing/clerical error undermines evidence | Court affirmed: even slight or momentary pain/redness suffices; jury could infer knowledge from the punch; verdict not against manifest weight |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (standards for sufficiency and manifest‑weight review)
- State v. Smith, 80 Ohio St.3d 89 (Ohio 1997) (sufficiency review looks to whether any rational trier of fact could convict)
- State v. Walker, 55 Ohio St.2d 208 (Ohio 1978) (appellate court will not weigh evidence or assess credibility on sufficiency review)
- State v. Richardson, 150 Ohio St.3d 554 (Ohio 2016) (appellate review requires examination of elements and the state’s evidence)
- State v. Daniels, 111 N.E.3d 708 (Ohio Ct. App. 2018) (the slightest injury can satisfy "physical harm" under R.C. 2919.25)
- State v. Nielsen, 66 Ohio App.3d 609 (Ohio Ct. App. 1990) (conviction may be sustained without proof of actual injury; attempt to cause harm suffices)
- City of Cleveland v. Mincy, 118 N.E.3d 1163 (Ohio Ct. App. 2018) (victim testimony alone can prove physical harm/knowing conduct)
- State v. Blonski, 125 Ohio App.3d 103 (Ohio Ct. App. 1997) (domestic‑violence cases often require choosing between victim and defendant credibility)