STATE OF OHIO, CITY OF PAINESVILLE, Plaintiff-Appellee, - vs - BRIAN E. BENTLEY, Defendant-Appellant.
CASE NOS. 2022-L-076 2022-L-080
IN THE COURT OF APPEALS OF OHIO ELEVENTH APPELLATE DISTRICT LAKE COUNTY
Decided: May 30, 2023
[Cite as State v. Bentley, 2023-Ohio-1792.]
MATT LYNCH, J.
Criminal Appeals from the Painesville Municipal Court, Trial Court Nos. 2020 CRB 1832 A, 2020 CRB 1832 B. Judgment: Affirmed.
Vanessa R. Clapp, Lake County Public Defender, and Melissa A. Blake, Assistant Public Defender, 125 East Erie Street, Painesville, OH 44077 (For Defendant-Appellant).
O P I N I O N
MATT LYNCH, J.
{¶1} Defendant-appellant, Brian E. Bentley, appeals from his conviction for Assault in the Painesville Municipal Court. For the following reasons, we affirm the judgment of the lower court.
{¶2} On September 10, 2020, a Complaint was filed in the Painesville Municipal Court, alleging that Bentley had committed Aggravated Trespass, a misdemeanor of the first degree, in violation of
AGGR. TRESPASS M1 ASSAULT M1. The defendant is hereby found guilty of those charges. The remaining charges are dismissed at the request of the State.”
{¶4} Bentley appealed and we held that the lower court lacked jurisdiction to conduct a bench trial since Bentley had filed a request for a jury trial and had not waived that right. State v. Bentley, 11th Dist. Lake Nos. 2021-L-089 and 2021-L-090, 2022-Ohio-1099, ¶ 13. We reversed the conviction and remanded for a new trial, observing that Bentley has a right to a jury trial unless properly waived. Id. at ¶ 14.
{¶5} On remand, Bentley filed a written waiver of his right to a jury trial and the matter proceeded to a bench trial. Prior to the trial, defense counsel argued that double jeopardy barred retrial on the Aggravated Trespass charge since Bentley had already been acquitted. The court determined it should retry this charge since its prior judgment was void due to its lack of jurisdiction to conduct a bench trial. The following pertinent testimony and evidence were presented at trial.
{¶6} On September 7, 2020, Officer Ryan Shannon of the Madison Township Police Department responded to a call at the home of Shauna Adkins. Adkins was “extremely upset” and described that there had been a disagreement between her children and a neighbor child, and a subsequent confrontation occurred in which the child‘s father, Bentley, assaulted her. Shannon observed facial injuries to Adkins, including redness and swelling to her left eye.
{¶8} Shauna Adkins testified that on the date of the incident, her son indicated that he had been bullied by a neighbor child, Bentley‘s son. She went to Bentley‘s house and told him and the child‘s mother about the incident. They did not want to do anything and “pretty much shut the door in [her] face.” On her walk home, she became aware of a conflict between the same neighbor child and her older son.
{¶9} After Adkins returned home, Bentley came to her residence and knocked on the door. She stepped outside, he began cursing at her, and stated that she sent her son to beat up his child. He then punched her in the left eye with his right hand. Adkins described the impact of the hit, stating: “At that point, the impact to my eye was so strong it spun my body around, my head bounced off a rock, and I hit the ground.” Adkins indicated that before Bentley hit her, she did not gesture at him, make aggressive movements, or touch him. After she was hit, her brother, Shane, came out of the house, tackled Bentley, and the two began fighting. Bentley then left, she called the police, and she was taken to the emergency room. She was treated for a concussion and lost central vision in her left eye.
{¶11} Brooke Spencer, Bentley‘s girlfriend, lives with Bentley and their children. She testified that on September 7, Adkins came to their door complaining about their children “playing chicken on their bikes” and was being loud and aggressive. As Adkins was walking away, she made a comment which Spencer believed meant Adkins was going to have her child beat up Spencer and Bentley‘s child. Spencer subsequently discovered that her son had been “beat * * * up” by Adkins’ child. After she informed Bentley of this incident, he went to Adkins’ home. According to Spencer, Adkins and Bentley argued and Adkins began “backing him up to the car” in the driveway, she punched him, and Bentley hit her back. The brother than rushed from the house, tackled Bentley, and threatened him.
{¶12} Bentley described the incident originating when Adkins came to their home and was discussing with his girlfriend an incident between their sons. Adkins made a comment about having her son take care of it. He later learned that his son had been beaten up by Adkins’ son. He instructed his girlfriend and children to go to Adkins’ home to call the police on her. He also went to her home and knocked on the door with no response. He then approached the side of the house and she came out “angry and aggressive * * * with her hand up telling me that I wasn‘t going to threaten with the police.” She was pointing and cursing and then punched him in his left eye. He then hit her “one time in self-defense.” He explained that she had been walking toward him so he had his back up against a van and “had nowhere to go.” Pictures of redness on his face were presented that he testified was caused by Adkins. After he returned the punch, her brother tackled him and they got into a tussle.
{¶14} Bentley timely appeals and raises the following assignments of error:
{¶15} “[1.] The trial court erred to the prejudice of the defendant-appellant when it denied his motion for acquittal made pursuant to
{¶16} “[2.] The trial court erred to the prejudice of the defendant-appellant when it returned a verdict of guilty against the manifest weight of the evidence.
{¶17} “[3.] The trial court erred to the prejudice of the defendant-appellant when it retried him on the offense of aggravated trespass after he had been previously found not guilty of that offense in violation of the defendant‘s protection against double jeopardy and in violation of the defendant‘s right to a fair trial as guaranteed by the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution and Section 10, Article I of the Ohio Constitution.”
{¶18} In his first and second assignments of error, Bentley argues that the lower court erred in denying his motion for acquittal and that his conviction for Assault was against the weight of the evidence, raising questions as to the credibility of the victim and whether he struck her in self-defense. We will address these assignments jointly as they are interrelated.
{¶20} Whereas “sufficiency of the evidence is a test of adequacy as to whether the evidence is legally sufficient to support a verdict as a matter of law, * * * weight of the evidence addresses the evidence‘s effect of inducing belief.” State v. Wilson, 113 Ohio St.3d 382, 2007-Ohio-2202, 865 N.E.2d 1264, ¶ 25, citing State v. Thompkins, 78 Ohio St.3d 380, 386-387, 678 N.E.2d 541 (1997). “[A] reviewing court asks whose evidence is more persuasive—the state‘s or the defendant‘s?” Id. An appellate court must consider all the evidence in the record, the reasonable inferences, the credibility of the witnesses, and whether, “in resolving conflicts in the evidence, the [finder of fact] clearly lost its way and created such a manifest miscarriage of justice that the conviction must be reversed and a new trial ordered.” (Citation omitted.) Thompkins at 387. “[A] finding that a conviction is supported by the weight of the evidence necessarily must include a finding of sufficiency.” (Citation omitted.) State v. Arcaro, 11th Dist. Ashtabula No. 2012-A-0028, 2013-Ohio-1842, ¶ 32.
{¶22} In relation to the manifest weight, Bentley argues that there was a lack of evidence to corroborate Adkins’ version of events and emphasizes that both he and his girlfriend testified that Adkins hit him first and he responded in self-defense.
{¶23} “In cases involving the use of non-deadly force, the elements of a valid self defense claim are ‘the defendant was not at fault in creating the situation, and the defendant had a genuine belief that he was in imminent danger of bodily harm.‘” (Citation omitted.) State v. Heald, 11th Dist. Lake Nos. 2021-L-111 and 2021-L-112, 2022-Ohio-2282, ¶ 21. “If, at the trial of a person who is accused of an offense that involved the person‘s use of force against another, there is evidence presented that tends to support that the accused person used the force in self-defense * * *, the prosecution must prove beyond a reasonable doubt that the accused person did not use the force in self-defense.”
{¶24} Here, two opposing versions of events were established by the State and the defense. Under the State‘s version, Bentley was not threatened or assaulted and, thus, had no belief that he faced a danger of bodily harm while Bentley presented testimony that he was punched first and struck Adkins in response. A determination of whether Adkins was the aggressor and Bentley was merely acting to defend himself turns upon an evaluation of the credibility of the witnesses. Disputes in credibility for the purposes of evaluating self-defense are best resolved by the trier of fact. It has been held that “a conviction is not against the manifest weight of the evidence because the trier of fact believed the state‘s version of events over the defendant‘s version” and rejected the defendant‘s claim of self-defense. State v. Messenger, 2021-Ohio-2044, 174 N.E.3d 425, ¶ 49 (10th Dist.); State v. Wilk, 9th Dist. Medina No. 22CA0008-M, 2023-Ohio-112, ¶ 21 (when presented with conflicting testimony regarding whether the defendant was acting in self-defense, “the jury was in the best position to assess the credibility of the testifying witnesses“) (citation omitted); see State v. Thomas, 2019-Ohio-2795, 139 N.E.3d 1253, ¶ 43 (11th Dist.) (conflicting testimony about who pulled their weapon first raised a factual dispute about self-defense hinging on credibility). In weighing the witness testimony supporting a claim of self-defense, the trier of fact is “free to believe or disbelieve the testimony of the witnesses” and “is in the best position to take into account inconsistencies, along with the witnesses’ manner and demeanor, and determine whether the witnesses’ testimony is credible.” State v. Haney, 11th Dist. Lake No. 2012-L-098, 2013-Ohio-2823, ¶ 43.
{¶26} Bentley argues that Adkins’ testimony about her injuries was discredited because, although claimed to be serious, the prosecutor charged him only with misdemeanor Assault. We decline to consider the prosecutor‘s rationale for bringing charges. This does not impact whether the State proved the Assault offense with which he was charged. The testimony and evidence presented support a finding that his conviction for Assault was supported by the weight of the evidence.
{¶27} Bentley also argues that there was not sufficient evidence to demonstrate that he was the aggressor. As we have found, the weight of the evidence supported a finding that he was the aggressor and did not commit the acts in self-defense, this court “need not engage in a separate analysis of sufficiency.” State v. Taylor, 2022-Ohio-3611, 198 N.E.3d 956, ¶ 8 (11th Dist.). We further note that, as Bentley‘s arguments relate to the credibility of the victim‘s testimony, “an evaluation of the witnesses’ credibility * * * is not proper on review for evidentiary sufficiency.” State v. Yarbrough, 95 Ohio St.3d 227, 2002-Ohio-2126, 767 N.E.2d 216, ¶ 79.
{¶29} The first and second assignments of error are without merit.
{¶30} In his third assignment of error, Bentley argues that the court improperly tried him for Aggravated Trespass in violation of principles of double jeopardy since he had previously been acquitted of this offense.
{¶31} “The double-jeopardy protections of the United States Constitution‘s Fifth Amendment, which is applicable to the states under the Fourteenth Amendment and Article I, Section 10 of the Ohio Constitution, prohibit multiple prosecutions for the same offense.” State v. Mutter, 150 Ohio St.3d 429, 2017-Ohio-2928, 82 N.E.3d 1141, ¶ 2. This includes “a second prosecution for the same offense after acquittal.” (Citation omitted.) Id. at ¶ 15. “[T]he Double Jeopardy Clause affords the defendant who obtains a judgment of acquittal at the trial level absolute immunity from further prosecution for the same offense.” (Citation omitted.) Girard v. Giordano, 155 Ohio St.3d 470, 2018-Ohio-5024, 122 N.E.3d 151, ¶ 10. “A de novo standard of review is applied to the trial court‘s determination regarding the application of the double jeopardy clause.” State v. Miller, 2020-Ohio-3854, 156 N.E.3d 297, ¶ 56 (11th Dist.).
{¶33} This court has found double jeopardy concerns are not implicated in certain circumstances where a defendant was tried but the trial court lacked jurisdiction. State v. Keim, 11th Dist. Trumbull Nos. 2020-T-0050, et al., 2021-Ohio-793, ¶ 13. In Keim, this court found no error in denying a motion to dismiss based on double jeopardy where the trial of a defendant was commenced but the case was dismissed part-way through the trial because the court realized it lacked jurisdiction. This analysis was based on the fact that the judgments would be void and jeopardy could not attach where the court lacked subject matter jurisdiction. Id.
{¶34} In the present matter, however, this court reversed and remanded for a new trial based on a lack of jurisdiction to conduct a bench trial due to the failure to obtain the waiver of the right to a trial by jury. Bentley, 2022-Ohio-1099, at ¶ 13. Keim‘s rationale is premised on the fact that a “plea of former jeopardy cannot be based on a void judgment.” Keim at ¶ 10, citing Foran v. Maxwell, 173 Ohio St. 561, 184 N.E.2d 398 (1962). However, “[i]t is only when the trial court lacks subject matter jurisdiction that its judgment is void; lack of jurisdiction over the particular case merely renders the judgment voidable.” (Citations omitted.) Pratts v. Hurley, 102 Ohio St.3d 81, 2004-Ohio-1980, 806 N.E.2d 992, ¶ 12; State v. Harper, 160 Ohio St.3d 480, 2020-Ohio-2913, 159 N.E.3d 248, ¶ 26 (“when a specific action is within a court‘s subject-matter jurisdiction, any error in the exercise of that jurisdiction renders the court‘s judgment voidable, not void“). Jurisdiction over the particular case “involves consideration of the rights of the parties” and connotes “the court‘s authority to proceed or rule on a case that is within the court‘s subject-matter jurisdiction.” Bank of Am., N.A. v. Kuchta, 141 Ohio St.3d 75, 2014-Ohio-4275, 21 N.E.3d 1040, ¶ 19.
{¶36} Presuming that the court erred in finding that it could retry the Aggravated Trespass charge, we find no reversible error. Bentley concedes that, although improperly tried, he was acquitted of Aggravated Trespass at the second trial. He contends, however, that by allowing the State of Ohio to introduce “inadmissible/irrelevant evidence” on the charge of Aggravated Trespass at the retrial, “the entire proceeding was tainted by evidence that the trial court should not have heard.” He requests that the conviction for Assault be reversed due to presentation of such evidence.
{¶37} To be convicted of Aggravated Trespass, it must be proven that the defendant did “enter or remain on the land or premises of another with purpose to commit on that land or those premises a misdemeanor, the elements of which involve causing physical harm to another person or causing another person to believe that the offender will cause physical harm to that person.”
{¶38} Here, the evidence of whether an assault occurred, relating to causing physical harm to Adkins, was equally relevant to the charges of Assault and Aggravated Trespass. Evidence relating to the acts of the assault would be admissible regardless of whether Aggravated Trespass was tried. Bentley observes that evidence relating to his “arrival at the complainant‘s home, the duration of the visit, and how/when he exited were irrelevant to the charge of Assault.” However, evidence relating to his activities in arriving at the home and the activities he committed while there were intertwined with testimony relating to his actions in the assault. Describing the assault necessarily required explaining his presence at the residence where the assault took place. Even if some testimony relating to his actions on the premises was not expressly relevant, its admission is harmless as there is nothing in the record to indicate that it resulted in a conviction for Assault, which stemmed from his actions in hitting Adkins. State v. Powell, 132 Ohio St.3d 233, 2012-Ohio-2577, 971 N.E.2d 865, ¶ 111 (finding harmless error since there was “little chance” irrelevant testimony affected defendant‘s convictions).
{¶40} The third assignment of error is without merit.
{¶41} For the foregoing reasons, Bentley‘s conviction for Assault in the Painesville Municipal Court is affirmed. Costs to be taxed against appellant.
JOHN J. EKLUND, P.J.,
MARY JANE TRAPP, J.,
concur.