Echemann v. Echemann

Ohio Court of Appeals

Echemann v. Echemann

2016 Ohio 3212

CourtOhio Court of Appeals

DecidedMay 31, 2016

Docket17-15-19

StatusPublished

Cited by6 cases

This text of 2016 Ohio 3212 (Echemann v. Echemann) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Echemann v. Echemann, 2016 Ohio 3212 (Ohio Ct. App. 2016).

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Opinion

[Cite as Echemann v. Echemann, 2016-Ohio-3212.]

IN THE COURT OF APPEALS OF OHIO THIRD APPELLATE DISTRICT SHELBY COUNTY

THOMAS A. ECHEMANN,

PETITIONER-APPELLEE, CASE NO. 17-15-19

v.

MARY PAT ECHEMANN, OPINION

RESPONDENT-APPELLANT.

Appeal from Shelby County Common Pleas Court Domestic Relations Division Trial Court No. 15CV000064

Judgment Affirmed

Date of Decision: May 31, 2016

APPEARANCES:

Jeremy M. Tomb for Appellant

Thomas W. Kerrigan for Appellee Case No. 17-15-19

ROGERS, J

{¶1} Respondent–Appellant, Mary Pat Echemann (“Mary Pat”), appeals the

judgment of the Court of Common Pleas of Shelby County granting Petitioner–

Appellee, Thomas Echemann (“Tom”), a civil stalking protection order (“CSPO”)

against her. On appeal, Mary Pat argues that the CSPO full hearing was

improperly continued; the record contained insufficient evidence to support the

issuance of the CSPO; the CSPO was against the manifest weight of the evidence;

the trial court erred in failing to consider Tom’s testimony at the ex parte hearing;

and the trial court erred in relying on the magistrate’s determinations as to the

credibility of the witnesses. For the reasons that follow, we affirm the judgment of

the trial court.

{¶2} On March 20, 2015, Tom filed a petition for a CSPO against Mary

Pat, alleging that she had violated R.C. 2903.211, Ohio’s menacing by stalking

statute. That same day, an ex parte hearing was held and an ex parte CSPO was

issued. A full hearing was set for April 1, 2015.

{¶3} On March 26, 2015, counsel for Mary Pat requested a continuance due

to a scheduling conflict, and the full hearing was continued to May 5, 2015.

{¶4} On May 1, 2015, the magistrate continued the full hearing to July 13,

2015. It stated that “[d]ue to the number of potential witnesses, there is not

sufficient time to hear the case on May 5, 2015.” (Docket No. 19, p. 1).

-2- Case No. 17-15-19

{¶5} On July 13, 2015, the full hearing was held, and the following

evidence was presented.1

{¶6} Chief Deputy Jim Frye of the Shelby County Sheriff’s Department

testified that on the evening of October 11, 2014, he and his wife were at The

Bridge, a local bar in downtown Sidney, with friends. He stated that Tom, Shane

Roe, and Roe’s wife were seated at the bar. Chief Deputy Frye testified that a few

minutes after he arrived, Mary Pat came into the bar and started “hitting Tom with

her purse towards his head * * *.” July 13, 2015 Hrg., p. 34. He explained that

she hit Tom “four or five times, stopped, and then hit [Tom] a couple more times.”

Id. at p. 35. He added that she was “yelling pedophile and things of that nature”

and using “the F word.” Id. at p. 34-35. He testified that Tom remained seated

most of the time and put his arm up to try and block contact. Frye stated that the

bar’s staff eventually asked Mary Pat to leave, and she did.

{¶7} Tom testified that he and Mary Pat had “never been particularly able

to see eye to eye on stuff.” Id. at p. 53. He added that things escalated between

them in August 2014 after he sent Tim a picture from Pat’s birthday celebration,

and Mary Pat took offense. He explained that he jokingly told Tim he could “ring

1 The following events relate to the fact that Pat Echemann (“Pat”), Mary Pat’s brother-in-law and the brother of Tom and Tim Echemann (“Tim”), was indicted in the late summer/early fall of 2014 on charges relating to the sexual abuse of Tim and Mary Pat’s twelve-year-old son.

-3- Case No. 17-15-19

Mary Pat’s neck” and things escalated from there to the point that he was

instructed not to be on Mary Pat’s property. Id. at p. 126.

{¶8} Tom testified that on October 11, 2015, he went to The Bridge for a

drink. He testified that he was sitting at the bar with Roe when “all of a sudden”

someone starting hitting him hard. Id. at p. 58. He testified that he turned around

and saw Mary Pat standing behind him swinging her purse side to side. He added

that she began screaming and calling him a “fucking pedophile,” “fucker,” and

“shit head.” Id. at p. 59. Tom testified that Roe stood up and held onto Mary

Pat’s arm, which “sort of diffuse[d] that for a second.” Id. at p. 59. He testified

that Mary Pat took a seat at the bar but continued to yell and use profanity. He

stated that the bar’s staff asked her to leave, and she did.

{¶9} Tom testified that after this incident his head hurt and he felt

mortified. He explained that he felt “embarrassed as hell. * * * This is a place I

frequent a lot and – and – and it’s just – I normally feel comfortable there * * *.”

Id. at p. 69. He stated, “I go into places now and I sit with my back to different

areas” because “I don’t want to have to worry about somebody comin’ in and * * *

shootin’ me in the back of the head.” Id. at p. 180. Tom testified that he avoided

contact with Mary Pat thereafter.

{¶10} Tom testified on December 10, 2014, he was driving to pick up his

daughter from college when he learned that Mary Pat had posted some disparaging

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comments on his daughter’s Facebook page. He stated that he and his ex-wife,

Tami Echemann (“Tami”), immediately called Tim to try and get Mary Pat to

remove the comments. Tom testified that about a half-hour later, he received a

telephone call from Mary Pat in which she said, “Hello Tom, the fun is just

starting.” Id. at p. 76. Tom testified that after hearing this he “could have drove

off the road.” Id. Tami later testified to a similar event.

{¶11} Tom testified that on March 15, 2015, the day before Pat’s

sentencing hearing, he went to his parents’ house to meet his mother and her in-

home caregiver, Joan Freidet, so they could all go visit with Pat. He explained

that he pulled into his parents’ circular driveway and parked his car in front of his

mother’s wheelchair-accessible van so that the vehicles’ front bumpers were

facing each other. He explained that while he and Freidet were getting his mother

into her van, Mary Pat pulled into the driveway and stopped behind his car. Tom

stated that he walked up to her vehicle to see if she had anything to say to him. He

stated that when Mary Pat saw him, she raised her middle finger toward him. Tom

stated that he ignored her and continued helping Freidet.

{¶12} Tom testified that all of a sudden Mary Pat began revving her car’s

engine and honking the horn. He explained that the engine just started to “vroom,

vroom, vroom, vroom, vroom.” Id. at 88. He testified that he did not know what

Mary Pat was going to do and he was worried for his safety and the safety of

-5- Case No. 17-15-19

Freidet and his mother. He explained, “When you hear a car motor of someone

who’s up on your tailgate of your vehicle revving its engine, you are expecting

that thing to go into drive and you’re expecting it to fly into whatever’s ahead of

it.” Id. at p. 93. He added that at some point Mary Pat put down her windows and

started playing loud music. Tom explained that he and Freidet drove their cars out

the other end of the driveway and Mary Pat followed. He stated that as they drove

down the street, Mary Pat had her “window down and her hands out and she’s

yellin’ and screamin’ like a mad lady.” Id. at p. 96. He added that he had not had

any contact with Mary Pat since the December 2014 phone call.

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