State v. Willey ( 2020 )

[Cite as State v. Willey, 2020-Ohio-3172.]
COURT OF APPEALS
MUSKINGUM COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO : JUDGES:
: Hon. W. Scott Gwin, P.J.
Plaintiff-Appellee : Hon. Patricia A. Delaney, J.
: Hon. Earle E. Wise, Jr., J.
-vs- :
:
CHACE WILLEY : Case No. CT2019-0069
:
Defendant-Appellant : OPINION
CHARACTER OF PROCEEDING: Appeal from the Court of Common
Pleas, Case No. CR2019-0177
JUDGMENT: Affirmed
DATE OF JUDGMENT: June 2, 2020
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
TAYLOR P. BENNINGTON JAMES A. ANZELMO
27 North Fifth Street 446 Howland Drive
P.O. Box 189 Gahanna, OH 43230
Zanesville, OH 43701
Wise, Earle, J.
{¶ 1} Defendant-Appellant, Chace Willey, appeals his July 23, 2019 conviction
by the Court of Common Pleas of Muskingum County, Ohio. Plaintiff-Appellee is state
of Ohio.
FACTS AND PROCEDURAL HISTORY
{¶ 2} On April 4, 2019, the Muskingum County Grand Jury indicted appellant on
one count of domestic violence in violation of R.C. 2919.25, a felony of the fourth
degree due to a prior offense of domestic violence, and one count of abduction in
violation of R.C. 2905.02. Said charges arose from an incident between appellant and
L.C., the mother of his child.
{¶ 3} A jury trial commenced on June 13, 2019. The jury found appellant guilty
of the domestic violence count and not guilty of the abduction count. By entry filed July
23, 2019, the trial court sentenced appellant to eighteen months in prison.
{¶ 4} Appellant filed an appeal and this matter is now before this court for
consideration. Assignments of error are as follows:
I
{¶ 5} "THE TRIAL COURT ERRED BY BARRING WILLEY FROM
INTRODUCING EVIDENCE MATERIAL TO HIS DEFENSE, IN VIOLATION OF HIS
RIGHTS TO DUE PROCESS, UNDER THE FIFTH AND FOURTEENTH
AMENDMENTS TO THE UNITED STATES CONSTITUTION AND SECTION 1 & 16,
ARTICLE I OF THE OHIO CONSTITUTION, AND HIS RIGHT TO A FAIR TRIAL, AS
GUARANTEED BY THE SIXTH AMENDMENT TO THE UNITED STATES
CONSTITUTION AND SECTION 16, ARTICLE I OF THE OHIO CONSTITUTION."
II
{¶ 6} "WILLEY'S CONVICTION FOR DOMESTIC VIOLENCE IS BASED ON
INSUFFICIENT EVIDENCE, IN VIOLATION OF THE DUE PROCESS CLAUSE OF
THE FIFTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES
CONSTITUTION AND SECTIONS 1 & 16, ARTICLE I OF THE OHIO CONSTITUTION."
III
{¶ 7} "WILLEY'S CONVICTION FOR DOMESTIC VIOLENCE IS AGAINST THE
MANIFEST WEIGHT OF THE EVIDENCE, IN VIOLATION OF THE DUE PROCESS
CLAUSE OF THE FIFTH AND FOURTEENTH AMENDMENTS TO THE UNITED
STATES CONSTITUTION AND SECTIONS 1 & 16, ARTICLE I OF THE OHIO
CONSTITUTION."
I
{¶ 8} In his first assignment of error, appellant claims the trial court erred in
barring him from introducing evidence material to his defense. We disagree.
{¶ 9} "Ordinarily, a trial court is vested with broad discretion in determining the
admissibility of evidence in any particular case, so long as such discretion is exercised
in line with the rules of procedure and evidence." Rigby v. Lake County, 58 Ohio St. 3d
269, 271, 569 N.E.2d 1056 (1991). In order to find an abuse of discretion, we must
determine the trial court's decision was unreasonable, arbitrary or unconscionable and
not merely an error of law or judgment. Blakemore v. Blakemore, 5 Ohio St. 3d 217, 450
N.E.2d 1140 (1983).
{¶ 10} Appellant argues the trial court abused its discretion in not permitting him
to present evidence of threatening messages he received from the victim, L.C., via
Snapchat. Appellant argues because L.C.'s name was associated with the messages, a
sufficient foundation was provided to establish that L.C. sent the messages.
{¶ 11} The defense called appellant's brother, Lon Willey, to the stand. Defense
counsel asked Lon about any threats made to appellant by L.C. T. at 262. The state
objected and the trial court sustained the objection, stating, "You need to lay a better
foundation. Anywhere? Anytime?" Id. The trial court informed defense counsel he
needed to "prove it was from her and when it was." Id. Defense counsel proceeded to
ask questions about Snapchat messages and Lon explained messages sent via the
messaging app is associated with a user name. T. at 263-264. The Snapchat message
he saw had L.C.'s name on it. T. at 264. Defense counsel asked if the message was
threatening and the state objected. T. at 265. The trial court sustained the objection,
stating, "You cannot and have not proven it was actually sent by [L.]" as "[a]nybody can
grab a phone and use it, or somebody's phone and their app." Id. Lon did not know if
the message was actually sent by L.C. Id.
{¶ 12} On cross-examination, Lon admitted it was easy to change one's name on
Snapchat. T. at 269-270. Lon agreed the message does not show who actually sent it,
and the message does not include a number or whose phone it came from. T. at 270.
{¶ 13} Evid.R. 901(A) states: "The requirement of authentication or identification
as a condition precedent to admissibility is satisfied by evidence sufficient to support a
finding that the matter in question is what its proponent claims." Lon testified he did not
know if the message was actually sent by L.C. Evidence was not presented linking L.C.
to the purported message. Appellant did not meet the low threshold of Evid.R. 901(A)
for admissibility.
{¶ 14} Upon review, we find the trial court did not abuse its discretion in not
permitting appellant to present evidence of threatening messages received via
Snapchat.
{¶ 15} Assignment of Error I is denied.
II, III
{¶ 16} In his second and third assignments of error, appellant claims his
conviction was against the sufficiency and manifest weight of the evidence. We
disagree.
{¶ 17} On review for sufficiency, a reviewing court is to examine the evidence at
trial to determine whether such evidence, if believed, would support a conviction. State
v. Jenks, 61 Ohio St. 3d 259, 574 N.E.2d 492 (1991). "The relevant inquiry is whether,
after viewing the evidence in a light most favorable to the prosecution, any rational trier
of fact could have found the essential elements of the crime proven beyond a
reasonable doubt." Jenks at paragraph two of the syllabus, following Jackson v.
Virginia, 443 U.S. 307, 99 S. Ct. 2781, 61 L. Ed. 2d 560 (1979).
{¶ 18} On review for manifest weight, a reviewing court is to examine the entire
record, weigh the evidence and all reasonable inferences, consider the credibility of
witnesses and determine "whether in resolving conflicts in the evidence, 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." State v. Martin, 20 Ohio App. 3d 172, 175, 485
N.E.2d 717 (1st Dist.1983). See also, State v. Thompkins, 78 Ohio St. 3d 380, 678
N.E.2d 541 (1997). The granting of a new trial "should be exercised only in the
exceptional case in which the evidence weighs heavily against the conviction." Martin
at 175.
{¶ 19} Appellant was convicted on one count of domestic violence in violation of
R.C. 2919.25(A) which states: "No person shall knowingly cause or attempt to cause
physical harm to a family or household member." R.C. 2901.01(A)(3) defines "physical
harm to persons" as "any injury, illness, or other physiological impairment, regardless of
its gravity or duration."
{¶ 20} L.C. testified she left work and went to Lon's home to pick up her child she
shared with appellant. T. at 165. She was in her vehicle when appellant brought the
child out and placed the child in the back seat. T. at 166-167. Appellant then sat in the
front passenger seat in order to talk to L.C. about getting back together. T. at 167. She
told him she did not want to talk. Id. Appellant became upset and squirted a water
bottle everywhere. Id. As she attempted to exit the vehicle, appellant grabbed her hair
multiple times, pulling her back. Id. She was scared. T. at 168. She felt she needed to
hurry up and get out, so she ran inside Lon's home. Id. Appellant followed her inside
and apologized, grabbed a towel, and went back to the vehicle to wipe up the water. Id.
L.C. went back out to her vehicle because since appellant had apologized, she
assumed he would "let me leave." Id. Outside, appellant got close to L.C.'s face and
after she told him she did not want to talk, he pushed her up against Lon's vehicle by
the throat "and then I slid down the truck, because I got lightheaded." Id. She started to
yell and appellant had her in a "chokehold" and placed his other hand around her mouth
so she could not scream. Id. Appellant raised his fist and struck her in the nose,
knocking her eyeglasses off. T. at 170-171. Lon came out of his house and told
appellant to get off of L.C. T. at 171. Appellant then grabbed his brother by the throat
and L.C. ran to her vehicle, called the police, and drove to Love's Truck Stop. T. at 172.
L.C. testified her nose was cracked on top, "it had a slit in it, it was bleeding, and it was
bruised and swollen" and there were marks on her neck. T. at 174; State's Exhibits 3
through 7.
{¶ 21} Muskingum County Sheriff's Deputy Adam Swope was dispatched to the
truck stop. T. at 214-215. He testified L.C. was "upset, distraught. She was bleeding
from her nose. Appeared to be kind of rattled." T. at 215. Her nose was swollen a little
bit, she was crying, her mascara was running down her face, her pants had some mud
on them below the knees, and she "looked extremely upset, scared." T. at 218. Deputy
Swope took photographs of L.C.'s injuries. T. at 219; State's Exhibits 3 through 7. He
testified the injuries depicted in the photographs were consistent with the story L.C. had
told him of the incident. T. at 223-224. Deputy Swope then went to the scene of the
incident. T. at 224. He found L.C.'s eyeglasses in the driveway, broken. T. at 226-227.
Appellant told the deputy he grabbed L.C.'s arm to speak with her and "she just fell to
the ground." T. at 227. He denied striking her in the nose and grabbing her throat and
her hair. T. at 228.
{¶ 22} At the conclusion of the state's case, appellant stipulated to a prior
conviction for domestic violence. T. at 249; State's Exhibit 1. The incident involved his
mother. T. at 310.
{¶ 23} Appellant called his brother Lon to the stand. Lon testified he heard
appellant and L.C. arguing and when he went outside, he saw both of them standing
beside his truck. T. at 256. He did not see anything physical between them. T. at 257.
He did not see any blood on L.C. or anything wrong with her nose. T. at 257-258. He
told his brother "to step back and let her leave, get away from her" because L.C.
"always threatened to call the cops on him for this and that." T. at 258. Appellant and
L.C. were crying. T. at 261. Appellant never grabbed Lon's throat. T. at 274.
{¶ 24} Lon's girlfriend, Rae Shaw, testified she heard appellant and L.C. arguing
and when she went outside, Lon was holding appellant by his shoulders. T. at 280-281.
She did not see any injuries on L.C. T. at 281-282. She heard Lon tell appellant to "let
her go," "just calming him down." T. at 282-283. She did not hear any physical
confrontation. T. at 289.
{¶ 25} Appellant testified prior to L.C.'s arrival, they were communicating back
and forth over the phone and L.C. threatened to get a restraining order and keep their
child away from him. T. at 296-297. This upset him a little bit. T. at 297. L.C. arrived
and appellant was putting the car seat back together after having cleaned it. T. at 298.
Appellant placed the child in L.C.'s back seat and then sat in the passenger seat. Id.
He engaged in a conversation with her and she "sat there and listened." T. at 299. He
admitted to grabbing her water bottle and squeezing it, "but it wasn't deliberately at her
or anything. I just done it being arrogant." Id. He never touched her hair. T. at 301.
L.C. got mad and appellant apologized, and both of them went into the house so he
could grab some rags to wipe up the water. T. at 300. As they left to return to the
vehicle, L.C. was in front of appellant and appellant "grabbed her shoulder," not
aggressively, and said, "just talk to me real quick." Id. L.C. spun around and "dropped
to the ground. She's done this many times before." Id. "She just kind of went into
hysterics, kind of - - just kind of like yelling and crying. She's done it many times before
in the past." T. at 303. It lasted about three minutes. Id. At that point, Lon came
outside. Id. Appellant helped L.C. off the ground and told her to go. Id. Appellant did
not see any blood on her or any injuries at all. T. at 304. L.C. got into her vehicle and
drove away. T. at 304-305. Appellant never grabbed his brother by the neck. T. at
305. He had no idea how L.C. got a bloody nose, but she was prone to nose bleeds. T.
at 310-311. He denied ever hitting L.C. T. at 315.
{¶ 26} The jury heard conflicting testimony. The weight to be given to the
evidence and the credibility of the witnesses are issues for the trier of fact. State v.
Jamison, 49 Ohio St. 3d 182, 552 N.E.2d 180 (1990). The trier of fact "has the best
opportunity to view the demeanor, attitude, and credibility of each witness, something
that does not translate well on the written page." Davis v. Flickinger, 77 Ohio St. 3d 415,
418, 674 N.E.2d 1159 (1997). The jury chose to believe L.C.'s version of events. The
photographs taken by Deputy Swope depicted her injuries and were consistent with her
report of the incident, and her broken eyeglasses were found at the scene.
{¶ 27} Upon review, we find sufficient evidence, if believed, to support the
conviction for domestic violence. We do not find any manifest miscarriage of justice.
{¶ 28} Assignments of Error II and III are denied.
{¶ 29} The judgment of the Court of Common Pleas of Muskingum County, Ohio
is hereby affirmed.
By Wise, Earle, J.
Gwin, P.J. and
Delaney, J. concur.
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