State v. James, Unpublished Decision (4-12-2004)
State v. James, Unpublished Decision (4-12-2004)
Opinion of the Court
{¶ 2} Todd Arthur, the victim, drove his neighbor to the Red Fox Inn in Georgetown, Ohio, in the early morning hours of December 9, 2001. He was in the bar for approximately ten minutes speaking to a former employee at a table. The former employee was arm wrestling with Michael Barger. Barger asked Arthur to arm wrestle. Arthur testified that after he placed his arm on the table appellant grabbed him by his hair to pull him out of the booth. He then testified that appellant hit him in the side of the head.
{¶ 3} A fight ensued in which Arthur was kicked and hit by appellant and other bar patrons while on the ground. Arthur testified that at one point, while he was on the ground, appellant held down his legs and then attempted to pull his wallet out of his pocket. After the incident, Arthur identified appellant and the other individuals who assaulted him to Georgetown police officers.
{¶ 4} On January 29, 2003, appellant was indicted for one count of robbery in violation of R.C.
{¶ 5} "The jury erred in reaching guilty verdicts against Appellant."
{¶ 6} Appellant maintains that the jury's decision was against the manifest weight of the evidence. He also argues that there was insufficient evidence for the jury to find him guilty of the offenses. We will address each issue separately.
{¶ 8} Weight of the evidence concerns the inclination of the greater amount of credible evidence offered in trial to support one side of the issue rather than the other. State v.Thompkins,
{¶ 9} "The court must review the entire record, weigh the evidence and all reasonable inferences, consider the credibility of witnesses and determine whether in resolving conflicts in the evidence whether the jury clearly lost its way and created such a manifest miscarriage of justice that the conviction must be reversed and a new trial ordered." Thompkins,
{¶ 10} Appellant asserts that he was misidentified as the perpetrator of the assault and attempted robbery of Arthur. He maintains that Arthur failed to identify him in a photo lineup and at a later court hearing for the other individuals involved in the assault. He argues that Arthur sustained such extensive injuries that he "would not be thinking clearly enough to study the men beating him, nor would he have the opportunity to see his assailants as he was being punched and stomped." He also maintains that no one else has corroborated Arthur's testimony that appellant attempted to rob him.
{¶ 11} Appellant is correct in his statements as to Arthur's later inability to identify him; however, a barmaid at the bar testified that she saw appellant hit Arthur with his fist. Kelly Reeves, an officer of the Georgetown Police Department at the time of the assault, testified that he saw appellant on top of Arthur and separated them. He stated that it appeared to him that appellant and Arthur were engaged in a "scuffle" on the floor. He also testified that Arthur pointed out appellant as the individual attempting to steal his wallet.
{¶ 12} Patrolman Todd Waits, of the Georgetown Police Department, testified that after the assault, Arthur picked appellant out of the crowd standing outside as one of the individuals who assaulted him. He also testified that Arthur told him that appellant attempted to take his wallet during the assault. Arthur identified appellant during trial as the individual who attempted to steal his wallet while he was on the ground, and as one of the individuals who assaulted him.
{¶ 13} The jury heard further testimony that earlier in the evening there had been another fight at the bar at which appellant was helping that victim out the door. A barmaid testified that she found a wallet in the bathroom later that evening. Robert Gifford, the criminal investigator for the case, testified that the wallet belonged to the victim of the first fight.
{¶ 14} The weight to be given the evidence and the credibility of the witnesses are primarily for the trier of facts. State v. DeHass (1967),
{¶ 16} In order to obtain a conviction for assault, the State had to prove that appellant knowingly caused harm to another. R.C.
{¶ 17} The State produced the testimony of Arthur that appellant hit and kicked him. A barmaid testified that appellant hit Arthur. An officer testified that appellant was on top of Arthur and separated them. Finally, Arthur testified that appellant was attempting to take his wallet from his pocket. Viewing the evidence presented in a light most favorable to the State, we find that there was sufficient evidence for the jury to find all the elements beyond a reasonable doubt to convict appellant of assault and robbery.
{¶ 18} In conclusion, we find appellant's conviction was not against the manifest weight of the evidence for the reasons given earlier. We further find that there was sufficient evidence presented for appellant to be found guilty on both counts. Appellant's assignment of error is overruled.
{¶ 19} The judgment is affirmed.
Judgment affirmed.
Young, P.J., and Walsh, J., concur.
Reference
- Full Case Name
- State of Ohio v. Jerry James, Jr.
- Cited By
- 1 case
- Status
- Unpublished