In re McCray

2010 Ohio 2645
CourtOhio Court of Claims
DecidedApril 30, 2010
DocketV2009-40226
StatusPublished

This text of 2010 Ohio 2645 (In re McCray) is published on Counsel Stack Legal Research, covering Ohio Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re McCray, 2010 Ohio 2645 (Ohio Super. Ct. 2010).

Opinion

[Cite as In re McCray, 2010-Ohio-2645.]

Court of Claims of Ohio Victims of Crime Division The Ohio Judicial Center 65 South Front Street, Fourth Floor Columbus, OH 43215 614.387.9860 or 1.800.824.8263 http://www.cco.state.oh.us

IN RE: ANGELA J. MC CRAY

ANGELA J. MC CRAY

Applicant

Case No. V2009-40226

Commissioners: Randi M. Ostry, Presiding Elizabeth Luper Schuster

OPINION OF A TWO-COMMISSIONER PANEL

{¶ 1} The appeal before this panel involves whether the applicant, Angela McCray, timely reported the crime to law enforcement within seventy-two hours of its occurrence as is required by R.C. 2743.60(A) or established good cause for failure to report the incident within the seventy-two hour period. While we cannot find that the applicant reported the incident to law enforcement within seventy-two hours, we do find that the applicant has shown good cause and accordingly the Attorney General’s decision should be reversed.

I. Procedural History {¶ 2} On August 1, 2008, the applicant filed a compensation application as the result of a series of domestic violence incidents. On November 26, 2008, the Attorney General issued a finding of fact and decision denying the applicant’s claim based upon R.C. 2743.60(A), failure to report the criminal incident within seventy-two hours or show good cause for a failure to report. On December 17, 2008, the applicant filed a request for reconsideration. On February 17, 2009, the Attorney General rendered a Final Decision finding no reason to modify its initial decision. Furthermore, the Attorney General’s investigation revealed the criminal conduct was not reported to law Case No. V2009-40226 -14- ORDER

enforcement until December 17, 2008, almost six months after the last incident of May 27, 2008. On March 17, 2009, the applicant filed a notice of appeal from the February 17, 2009 Final Decision of the Attorney General. The hearing was held before this panel of commissioners on December 17, 2009 at 10:30 A.M. II. Applicant’s Position {¶ 3} The applicant, Angela McCray, her attorney, Philip Sheridan and Assistant Attorney General Tyler Brown attended the hearing and presented testimony and oral arguments for the panel’s consideration. The applicant contends that contrary to the Attorney General’s allegations she did report the incidents of domestic violence to police. In response to the domestic violence the applicant successfully obtained a civil protection order (CPO) against her husband, the offender. When the CPO was violated the offender was arrested and prosecuted. Furthermore, the police were aware of the situation in that approximately four to five days after the domestic violence incident involving the applicant, police were called to her residence to break up an altercation between the offender and the couple’s adult son. That incident was triggered by the offender’s violation of the CPO and resulted in the arrest of the adult son for domestic violence. In the subsequent divorce action the offender was ordered to wear an ankle bracelet in order to ensure that he did not approach the applicant. {¶ 4} The applicant asserts that the criminally injurious conduct was reported orally to the police, however, the police refused to memorialize that contact in writing. Finally, due to the offender’s association with police over the years, the police acted as if the applicant was the problem, not the offender. III. Attorney General’s Position {¶ 5} The Attorney General asserted that the date of the alleged incident was May 27, 2008; however, no police report referencing that date could be located. After the applicant’s compensation claim was denied, the applicant then reported the May 27, 2008 incident to police. However, over six months elapsed from the date of the incident to the date of the report. The only reason the applicant asserted for her failure Case No. V2009-40226 -14- ORDER

to report the incident was her lack of knowledge that the incident must be reported in order to receive compensation. This excuse does not constitute good cause under the statute, and accordingly, the Attorney General’s Final Decision should be affirmed. IV. Witness Testimony and Argument {¶ 6} The applicant first called Nicole Bell. Ms. Bell testified that she worked as a court advocate for the Lancaster City’s Prosecutor’s Office through The Lighthouse, Lancaster’s Battered Women’s Shelter and Child Advocacy Center. Ms. Bell became aware of the applicant because the applicant was a complaining witness in a domestic violence case. She first met with the applicant in December 2008. Ms. Bell testified that she knew the applicant had been a victim of domestic violence since 1991. Ms. Bell also stated that from a review of the records, numerous contacts with the applicant occurred with her office with some resulting in CPO’s being issued. {¶ 7} The witness was shown Applicant’s Exhibit 1, case notes the witness had produced evidencing her involvement with the applicant. The case notes reflect that a CPO was issued against the offender, the CPO was violated, and the offender was charged and convicted of violating the CPO. Ms. Bell related that she was present at the arraignment and sentencing of the offender. Ms. Bell also recounted that she gained additional insight into this situation by attending the arraignment of the applicant’s son. Information presented at the arraignment was also utilized when the applicant subsequently sought a CPO against the offender. The offender was in violation of a stay away order granted at the initiation of the divorce proceedings at the time of the altercation with his adult son. {¶ 8} Ms. Bell also had conversations with the applicant wherein she told the applicant that criminal incidents need to be reported to police in order to be eligible for compensation. The applicant expressed her frustration with the Lancaster Police Department in not taking her reports. Consequently, Ms. Bell called a Lancaster Police officer to her office so a report could be taken. Ms. Bell related unfortunately there are Case No. V2009-40226 -14- ORDER

some officers who will not respond to a domestic violence complaint call, therefore she found the applicant’s complaints believable. {¶ 9} Upon cross-examination, Ms. Bell recalled that in the incident involving the offender and the couples’ adult son, the son plead guilty to disorderly conduct and the offender was not charged. Ms. Bell stated she was not personally aware if a stay away order against the offender was in effect at the time of this altercation. While Ms. Bell asserted the police had refused to take reports from the applicant, she had no knowledge of police actions prior to the issuance of the CPO. Whereupon, the testimony of Ms. Bell was concluded. {¶ 10} The applicant was also called to testify. Ms. McCray testified that she was the victim of ongoing domestic violence caused by the offender’s abuse of alcohol and prescription medications. She stated she filed for divorce in May 2008. The applicant asserted on May 27, 2008, she was assaulted by her husband. She was at work at the time of this incident so she could not report the incident of May 27th to police. On May 29, 2008, neighbors called police to the applicant’s residence as the result of a physical altercation between her son and the offender. {¶ 11} Based upon her previous experience with police being non-responsive to her complaints against her husband, the applicant went to The Lighthouse to report the incident and obtain a CPO because they would take her claims seriously and accurately report the incidents. The applicant’s current CPO covers herself, her son, and her son’s girlfriend, and is effective until 2013.

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Related

In re Kramer
684 N.E.2d 751 (Ohio Court of Claims, 1995)
State v. Dehass
227 N.E.2d 212 (Ohio Supreme Court, 1967)

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Bluebook (online)
2010 Ohio 2645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mccray-ohioctcl-2010.