STATE OF OHIO, PLAINTIFF-APPELLEE, v. CALEB EDDY, DEFENDANT-APPELLANT.
CASE NO. 1-22-17
IN THE COURT OF APPEALS OF OHIO THIRD APPELLATE DISTRICT ALLEN COUNTY
November 7, 2022
2022-Ohio-3965
Appeal from Lima Municipal Court, Trial Court No. 21CRB01452. Judgment Affirmed.
Thomas J. Lucente Jr. for Appellant
Joseph C. Snyder for Appellee
{1} Defendant-appellant Caleb Eddy (“Eddy“) appeals the judgment of the Lima Municipal Court, alleging that his conviction is against the manifest weight of the evidence and that the trial court erred in stating the law on self-defense at his bench trial. For the reasons set forth below, the judgment of the trial court is affirmed.
Facts and Procedural History
{2} Eddy and S.P. were in a relationship and resided together. Tr. 5. After S.P. and Eddy had an argument on July 8, 2021, S.P. removed the house key from Eddy‘s key chain without his knowledge. Tr. 6. S.P. later explained that she took this house key because Eddy had packed his belongings and because she believed that he was about to move out of the house. Tr. 22, 24. She further testified that she wanted him to leave but that he remained at the house that night. Tr. 22.
{3} On July 9, 2021, S.P. and Eddy had another argument. Tr. 5-6. At some point, Eddy removed himself from the argument and went outside. Tr. 17. He then came back into the house, having decided to leave the premises. Tr. 18. As he prepared to leave, Eddy realized that the house key was missing. Tr. 18. He then went into the bedroom to locate the house key and began rummaging through S.P.‘s purse. Tr. 18. S.P. then went into the bedroom after Eddy. Tr. 18.
{4} When S.P. entered into the bedroom, Eddy was facing away from her. Tr. 8. S.P. testified that she came alongside Eddy and attempted to stop him from
{5} Eddy then managed to pin S.P. down with her back on the bed and her feet on the floor. Tr. 9. S.P. testified that she went into “defense mode” and started trying to scratch his face. Tr. 9. She recounted, at this point, grabbing Eddy‘s testicles as “hard as * * * [she] could” because she believed “that [this] would get him off of [her] * * *.” Tr. 10. She testified that, in response, Eddy lifted her up off of the bed “and slam[ed her] * * * to the floor.” Tr. 10.
{6} S.P. testified that Eddy then “g[o]t on top of [her] * * * and pin[ned her] * * * down.” Tr. 11. She then stated the following:
He put his knee into my right shoulder and held my left arm down to the ground with his left hand. And drew his hand back like he was going to punch me. And at that point, I quit fighting cuz I couldn‘t move.
* * *
I completely gave up and just told him to get off of me. I just kept yelling for him to get off of me. Until he finally, after maybe, I don‘t know, maybe forty seconds or so, he finally got off of me.
Tr. 11, 12. S.P. stated that she got up; grabbed her phone; went into a spare bedroom; called 9-1-1; and reported the altercation to the dispatcher. Tr. 12-13.
{8} On July 30, 2021, complaints were filed that alleged that Eddy had committed the offense of domestic violence in violation of
{9} Eddy then filed his notice of appeal on February 24, 2022. Doc. 18. On appeal, he raises the following two assignments of error:
First Assignment of Error
The trial court erred when it stated the law of self-defense required defendant to retreat.
Appellant‘s conviction were against the manifest weight of the evidence and contrary to law.
For the sake of analytical clarity, we will consider Eddy‘s second assignment of error before his first assignment of error.
Second Assignment of Error
{10} Eddy argues that the trial court erred in concluding that the State carried the burden of establishing that Eddy did not act in self-defense. He asserts that his conviction is, therefore, against the manifest weight of the evidence.
Legal Standard
{11} In a manifest weight analysis, “an appellate court determines whether the state has appropriately carried its burden of persuasion.” State v. Blanton, 121 Ohio App.3d 162, 169, 699 N.E.2d 136 (3d Dist. 1997). “Unlike our review of the sufficiency of the evidence, an appellate court‘s function when reviewing the weight of the evidence is to determine whether the greater amount of credible evidence supports the verdict.” State v. Richey, 2021-Ohio-1461, 170 N.E.3d 933, ¶ 29 (3d Dist.), quoting State v. Plott, 2017-Ohio-38, 80 N.E.3d 1108, ¶ 73 (3d Dist.).
{12} Accordingly, “the appellate court sits as a ‘thirteenth juror’ * * *.” State v. Davis, 3d Dist. Seneca No. 13-16-30, 2017-Ohio-2916, ¶ 17, quoting State v. Thompkins, 78 Ohio St.3d 380, 387, 1997-Ohio-52, 678 N.E.2d 541 (1997). Appellate courts
State v. Schatzinger, 3d Dist. Wyandot No. 16-20-04, 2021-Ohio-167, ¶ 52.
{13} “A reviewing court must, however, allow the trier of fact appropriate discretion on matters relating to the weight of the evidence and the credibility of the witnesses.” State v. Sullivan, 2017-Ohio-8937, 102 N.E.3d 86, ¶ 38 (3d Dist.), quoting State v. Coleman, 3d Dist. Allen No. 1-13-53, 2014-Ohio-5320, ¶ 7. “Only in exceptional cases, where the evidence ‘weighs heavily against the conviction,’ should an appellate court overturn the trial court‘s judgment.” State v. Little, 2016-Ohio-8398, 78 N.E.3d 323, ¶ 27 (3d Dist.), quoting State v. Hunter, 131 Ohio St.3d 67, 2011-Ohio-6524, 960 N.E.2d 955, ¶ 119.
{14} Assault in violation of
{15} Self-defense through the use of non-deadly force is present where:
(1) the accused was not at fault in creating the situation giving rise to the affray, (2) the accused (even if mistaken) had a bona fide belief that he was in imminent danger of any bodily harm; and (3) the only means to protect himself from such danger was the use of force not likely to cause death or great bodily harm.
Chavez at ¶ 40, citing State v. Vu, 10th Dist. Franklin No. 09AP-606, 2010-Ohio-4019, ¶ 10; Ohio Jury Instructions, CR Section 421.19 (Rev. Oct. 11, 2008). See State v. Barker, 2d Dist. Montgomery No. 29227, 2022-Ohio-3756, ¶ 24; State v. Elam, 12th Dist. Butler No. CA2021-08-106, 2022-Ohio-1895, ¶ 13.
{16} As to the first element of self-defense, “Ohio courts have long recognized that a person cannot provoke [an] assault or voluntarily enter an encounter and then claim a right of self-defense.” State v. Woodson, 6th Dist. Lucas No. L-21-1068, 2022-Ohio-2528, ¶ 82, quoting State v. Nichols, 4th Dist. Scioto No. 01CA2775, 2002 WL 126973, *3 (Jan. 22, 2002). This means
the defendant must not be at fault in creating the situation that gave rise to the affray. Nichols at *9-10. This concept is broader than simply not being the immediate aggressor. Id. at *10. A person may not provoke an assault or voluntarily enter an encounter and then claim a right of self-defense. Id.; State v. Lewis, 12th Dist. Butler No. CA2019-07-128, 156 N.E.3d 281, 2020-Ohio-3762, ¶ 27.
State v. Elam, 12th Dist. Butler No. CA2021-08-106, 2022-Ohio-1895, ¶ 14. The defendant must not have “engaged in such wrongful conduct toward his assailant
{17}
‘[U]nder the current version of
R.C. 2901.05(B) , the state is not required to prove the defendant did not act in self-defense until the defendant introduces evidence that tends to support they acted in self-defense.’ State v. Walker, 6th Dist. Lucas No. L-20-1047, 180 N.E.3d 60, 2021-Ohio-3860, ¶ 61. ‘In other words, the defendant maintains the burden of production on their self-defense claim before the state inherits the burden of persuasion.’ Id., citing State v. Petway, 11th Dist. Lake No. 2019-L-124, 156 N.E.3d 467, 2020-Ohio-3848, ¶ 55.
Cervantes at ¶ 60. “The elements of self-defense are cumulative, and a defendant‘s claim of self-defense fails if any one of the elements is not present.” State v. Ridley, 1st Dist. Hamilton No. C-210458, 2022-Ohio-2561, ¶ 15.
Legal Analysis
{18} Neither party disputes that the standard for self-defense through non-deadly force is applicable in this case. On appeal, Eddy argues that the State “provided no evidence” that disproves an element of self-defense through the use of non-deadly force. Appellant‘s Brief, 9. In response, the State argues that it disproved the first element of this affirmative defense. This first element requires
{19} At trial, the State called S.P. as a witness. Tr. 5. She testified that, immediately preceding the altercation, Eddy had gone into the bedroom and was trying to get her house key from a key ring that was in her purse. Tr. 6. S.P. stated that she “walked to the side of him [Eddy] to try to reach around to grab * * * [her] keys.” Tr. 8. She testified that Eddy then pushed her away. Tr. 8. S.P. testified that she returned to Eddy‘s side and that he then shoved her away. Tr. 8. She stated that Eddy applied more force the second time that he pushed her. Tr. 8. S.P. said that she then pushed Eddy back and that the “fight escalated” with the two of them “throwing punches at each other.” Tr. 9.
{20} S.P.‘s testimony indicates that Eddy initiated the physical altercation as he was the first one to use force in this case. Tr. 6, 8. Her testimony also indicates that Eddy increased the amount of force that he used on her when he shoved her a second time. Tr. 8. This testimony could persuade a reasonable finder of fact that Eddy “was at least partially at fault for creating the situation giving rise to the affray * * *.” Woodson, supra, at ¶ 82. See Chavez, supra, at ¶ 40. See also State v. Clemmons, 2d Dist. Montgomery No. 23237, 2010-Ohio-3109, ¶ 43; State v. Garrison, 9th Dist. Summit No. 12676, 12746, 1987 WL 8477, *1; State v. McElroy, 11th Dist. Trumbull Nos. 2002-T-0115 and 2002-T-0116, 2003-Ohio-6762, ¶ 31.1 Since the State only needs to carry the burden of persuasion on one element of self-defense, we need not consider the other elements of self-defense in this analysis.
First Assignment of Error
{22} Eddy argues that the trial court incorrectly applied the legal standard for self-defense through deadly force instead of the legal standard for self-defense through non-deadly force.
Legal Standard
{23}
(1) the accused was not at fault in creating the situation giving rise to the affray; (2) the accused had a bona fide belief that he or she was in imminent danger of death or great bodily harm and that the only means of escape from such danger was in the use of force; and (3) the accused must not have violated any duty to retreat or to avoid the danger.
(1) the accused was not at fault in creating the situation giving rise to the affray, (2) the accused (even if mistaken) had a bona fide belief that he was in imminent danger of any bodily harm; and (3) the only means to protect himself from such danger was the use of force not likely to cause death or great bodily harm.
Chavez at ¶ 40. See also State v. Jordan, 1st Dist. Hamilton No. C-210603, 2022-Ohio-2566, ¶ 56. Thus, “there is no duty to retreat in cases involving non-deadly force.” (Emphasis sic.) Id., citing State v. Brown, 2017-Ohio-7424, 96 N.E.3d 1128, ¶ 24 (2d Dist.).
Legal Analysis
{24} In this case, after the bench trial had concluded, the trial court analyzed S.P.‘s testimony. The trial court noted that “he [Eddy] did not have to pick her [S.P.] up and slam her on the floor; that, “[w]hen he [Eddy] was on top of her, he
{25} However, these identified statements, in fact, represent the application of the legal standard for self-defense through non-deadly force to the circumstances of this case. The contents of the Ohio Jury Instructions (“OJI“) show the connection of these statements to the first element of self-defense through non-deadly force. Ohio Jury Instructions, CR Section 421.19 (Rev. Dec. 4, 2021). The OJI for self-defense through non-deadly force reads, in relevant part, as follow:
6. AT FAULT. The defendant did not act in (self-defense) (defense of his/her residence) if the state proved beyond a reasonable doubt that the defendant was at fault in creating the (situation) (incident) (argument) that resulted in the injury. The defendant was at fault if the defendant was the initial aggressor and
(A) (insert name of victim[s]) did not escalate the (situation) (incident) (argument) by being the first to use or attempt to use (non-deadly force) (deadly force);
(B) provoked (insert name of victim[s]) into using force;
(C) did not withdraw from the (situation) (incident) (argument);
* * *
Even though the accused may in the first instance have intentionally brought on the difficulty and provoked the occasion, yet his right of self-defense will revive and his actions will be held justifiable upon the ground of self-defense in all cases where he has withdrawn from the affray or difficulty in good faith as far as he possibly can, and clearly and fairly announced his desire for peace.
State v. Melchior, 56 Ohio St.2d 15, 21, 381 N.E.2d 195, 200 (1978), quoting 1 Wharton‘s Criminal Law and Procedure 504-505, Section 232. See State v. Galluzzo, 2d Dist. Champaign No. 99CA25, 2001 WL 303212, *3 (Mar. 30, 2001); State v. Ferrell, 2020-Ohio-6879, 165 N.E.3d 743, ¶ 28 (10th Dist.).2 In the case presently before us, the trial court appears to have been examining this aspect of the first element for self-defense through non-deadly force.
{26} Further, in several of the statements identified above, the trial court was also considering the extent to which the force used by Eddy was applied in self-defense. Under
{27} Finally, under the first assignment of error, we concluded that the State disproved the element that requires a defendant “not [to have] be[en] at fault in creating the situation giving rise to the affray.” Chavez, supra, at ¶ 39, 40. Because the first element of self-defense through deadly force and the first element of self-defense through non-deadly force are identical, the application of either of these two legal standards would yield the exact same result under the facts of this particular case. Id. Accordingly, we find this argument to be unpersuasive and ultimately inconsequential.
{28} In conclusion, the trial court nowhere indicated that it believed that the legal standard for self-defense through deadly force was applicable or that Eddy had a duty to retreat in this case. The statements identified by Eddy, in fact, represent the application of the legal standard for self-defense through non-deadly force to the circumstances of this case. Having examined the record in its entirety, we find no
Conclusion
{29} Having found no error prejudicial to the appellant in the particulars assigned and argued, the judgment of the Lima Municipal Court is affirmed.
ZIMMERMAN, P.J. and MILLER, J., concur.
/hls
Judgment Affirmed