In Re John, Unpublished Decision (12-17-2004)
In Re John, Unpublished Decision (12-17-2004)
Opinion of the Court
{¶ 2} "I. Whether the convictions were supported by sufficient evidence?
{¶ 3} "II. Whether the convictions were against the manifest weight of the evidence?"
{¶ 4} On June 23, 2003, two complaints were filed in the lower court charging appellant with delinquency in connection with an alleged assault and aggravated burglary which occurred on June 22, 2003. The aggravated burglary complaint was subsequently amended to charge abduction instead of aggravated burglary. The case proceeded to an adjudicatory trial at which the following evidence was presented. Kenneth P., a minor who had just completed seventh grade, testified that on June 22, 2003, at approximately 11:30 p.m., he was at his home on Judy Lane when his cousins ran into the house and told him "black point" was outside. Kenneth came to the doorway to see what was going on outside but did not want to go out because he had hurt his ankle. As he was standing in the doorway, appellant pulled him out of the house and into his front yard, where several individuals jumped on him and kicked him. At the trial, Kenneth pointed to appellant and identified him as one of the individuals who assaulted him. Shortly after the attack, police officers arrived and Kenneth told them that he was not injured.
{¶ 5} Tasia G., Kenneth's sister, also testified at the trial below. Tasia lives at the Judy Lane home and was present at the time of the assault. Tasia stated that she had been outside with her friends when she saw a bunch of boys ride up on bikes and attack several boys who were in the area. Appellant and others then approached her house looking for Kenneth. At that point, Kenneth came to the door and stood in the doorway but said he would not come out. Tasia stated that appellant and another individual then approached the doorway, grabbed Kenneth out of the house, and started kicking and punching him. Tasia specifically identified appellant in court as one of the individuals who had removed Kenneth from the doorway and attacked him.
{¶ 6} Officer Robert Bess of the Sandusky Police Department testified next. Bess responded to the scene after a call was made to the police department. Bess stated that he took a statement from Tasia in which she named four boys, including appellant, as being involved in the assault on her brother. Bess also spoke with Kenneth and testified that Kenneth told him he was not injured as a result of the attack, although Bess testified that Kenneth's face was red and that Tasia and Kenneth were both shaken up.
{¶ 7} Finally, appellant testified in his own defense. Appellant denied that he was involved in any fighting on the evening of June 22, denied pulling Kenneth P. out of his house and denied having any physical contact with him. Rather, appellant testified that on that evening he was simply wrestling with others, and stated that a boy named Justin D. pulled Kenneth out of his house.
{¶ 8} On August 4, 2003, the lower court magistrate issued a magistrate's decision finding that the state had proved each element of the offenses of abduction and assault and recommending that appellant be adjudicated a delinquent child. Appellant filed objections to the magistrate's decision in which he challenged the factual findings of the court and pointed to inconsistencies in the testimony of the state's witnesses. On March 26, 2004, the lower court issued a judgment entry in which the court pointed to evidence in the record which supported the magistrate's findings. The court then approved and adopted the magistrate's decision, found appellant delinquent for committing the offenses of abduction and assault and set the matter for a dispositional hearing. At that hearing, appellant was sentenced to community service, a fine of $50, which fine was suspended, and was ordered to pay court costs. It is from that judgment that appellant now appeals.
{¶ 9} In his assignments of error, appellant challenges the weight and sufficiency of the evidence presented below. In particular, appellant asserts that the court's finding that he committed assault was not supported by sufficient evidence and the court's finding that he committed abduction was against the manifest weight of the evidence.
{¶ 10} Due process affords juveniles the same protections afforded criminal defendants, notwithstanding the civil nature of juvenile proceedings. In the Matter of: Jesse A.C. (Dec. 7, 2001), 6th Dist. No. L-01-1271. Accordingly, "we review juvenile delinquency adjudications using the same weight and sufficiency standards that we would use for criminal defendants." Id. Sufficiency of the evidence is purely a question of law. Statev. Thompkins (1997),
{¶ 11} Appellant was found delinquent for conduct which, if he were an adult, would constitute assault, in violation of R.C.
{¶ 12} In his second assignment of error, appellant asserts that the trial court's finding that he committed abduction was against the manifest weight of the evidence. Under a manifest weight standard, the court must sit as the "thirteenth juror" analyzing the entire record to deduce the relative weight of credible evidence. Thompkins, supra at 387. However, "the weight to be given the evidence and the credibility of the witnesses are primarily for the trier of the facts." State v.DeHass (1967),
{¶ 13} R.C.
{¶ 14} On consideration whereof, the court finds that appellant was not prejudiced or prevented from having a fair trial and the judgment of the Erie County Court of Common Pleas, Juvenile Division, is affirmed. Appellant is ordered to pay the court costs of this appeal pursuant to App.R. 24.
Judgment Affirmed.
A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. See, also, 6th Dist.Loc.App.R. 4, amended 1/1/98.
Knepper, J., Pietrykowski, J., Singer, J. concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.