State v. Bolton

111 N.E.3d 545, 2018 Ohio 1551
CourtCourt of Appeals of Ohio, Sixth District, Erie County
DecidedApril 20, 2018
DocketNo. E–16–080
StatusPublished
Cited by1 cases

This text of 111 N.E.3d 545 (State v. Bolton) is published on Counsel Stack Legal Research, covering Court of Appeals of Ohio, Sixth District, Erie County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Bolton, 111 N.E.3d 545, 2018 Ohio 1551 (Ohio Super. Ct. 2018).

Opinion

JENSEN, J.

{¶ 1} This is an appeal from a judgment of the Erie County Court of Common Pleas which, following a jury trial, found appellant guilty of one count of assault. For the reasons set forth below, the judgment of the trial court is affirmed.

{¶ 2} Appellant, Aaron C. Bolton, was a uniformed Vermilion police sergeant on duty the early morning hours of September 6, 2015. Appellant was the first of three uniformed Vermilion police officers to respond to a dispatch call for a disturbance at Rudy's Bar & Grill where Jacob Johnson, a 21-year-old bar patron, was involved in a fight with others. Mr. Johnson was eventually arrested on two charges of resisting arrest and one charge of disorderly conduct. However, as a result of appellant's actions as a police officer against Mr. Johnson in the course of that arrest, criminal charges were pursued against appellant.

{¶ 3} On April 14, 2016, a Wood County Grand Jury indicted appellant for Count 1, felonious assault, in violation of R.C. 2903.11(A)(1), a second-degree felony with a specification that appellant did cause or threaten to cause physical harm during the commission of the offense, and Count 2, assault, in violation of R.C. 2903.13(A), a first-degree misdemeanor.

{¶ 4} On October 27, 2016, the lesser included offense to Count 1, aggravated *548assault, in violation of R.C. 2903.12(A), was added and included in the trial court's instructions to the jury.

{¶ 5} Following the jury trial held October 24 to 27, 2016, the jury found appellant not guilty of Count 1, felonious assault and the lesser included Count 1 offense of aggravated assault, and found appellant guilty of Count 2, assault. The jury verdict was journalized November 11, 2016.

{¶ 6} Subsequently on December 12, 2016, the trial court held the sentencing hearing for Count 2. The trial court sentenced appellant to serve a prison term of 180 days, which was suspended for the imposition of three years of community sanctions after first serving 120 days in prison. The trial court journalized the sentencing judgment entry on December 12, 2016.

{¶ 7} It is from the trial court's December 12, 2016, journalized judgment entry that appellant filed his appeal on December 13, 2016.

{¶ 8} Appellant sets forth one assignment of error:

The trial court erred when the jury found Appellant guilty of one count of Assault because they believed that force used by Appellant was not reasonable and necessary to arrest Jacob Johnson.

{¶ 9} Appellant argues he met his burden of proof for the affirmative defense of use of force in the exercise of his official police duties because the force he used was reasonable and necessary under the specific circumstances he faced to secure the lawful arrest of Mr. Johnson. Appellant argues that a preponderance of evidence at trial showed appellant's reasonable use of force was continuously adjusted in response to Mr. Johnson's changing conduct during the course of his resisting arrest. Appellant urges this court to reverse his conviction because the "jury clearly ignored the trial court's jury instructions regarding the use of force and [his] affirmative defense" by relying on "the prohibited territory of second-guessing and 'armchair reflection.' This includes comparative speculation, couched in backward-looking terms, about what the officer 'could have' or 'might have' done differently, and whether he 'should have' employed alternate or lesser means of force, or different tactics." Finally, appellant argues it is not clear which specific action by appellant was considered by the jury to be the "actual act of misdemeanor assault."

{¶ 10} In response appellee argues the trial court decision was not against the manifest weight of the evidence. Appellant did not meet his burden of proof for the affirmative defense because the evidence by appellee's expert witness, Samuel Faulkner, showed "appellant's conduct was with malicious purpose, in bad faith, and that appellant acted in a wanton, reckless manner." Appellee argues numerous witnesses "testified that appellant's actions were not reasonable." Appellee further argues the evidence did not show "that Johnson was a danger to the officers or was capable of flight."

{¶ 11} "A challenge to the weight of the evidence questions whether the greater amount of credible evidence was admitted to support the judgment than not." Flowers v. Siefer , 6th Dist., 2017-Ohio-1310, 88 N.E.3d 599, ¶ 94. This court has repeatedly stated that in determining whether a verdict is against the manifest weight of the evidence, we review the entire record, weigh the evidence and all reasonable inferences, consider the credibility of the witnesses, and determine whether the trier of fact clearly lost its way to create such a manifest miscarriage of justice as to require a new trial. State v. Reynolds , 6th Dist., 2017-Ohio-1478, 89 N.E.3d 235, ¶ 47. A conviction will be overturned *549only in exceptional cases. Id. Every "reasonable intendment and every reasonable presumption must be made in favor of the judgment and the finding of facts." Flowers at ¶ 94.

{¶ 12} It is well established that the trier of fact has the sole duty to decide what weight should be given to the testimony of any witness, including experts. Kokitka v. Ford Motor Co. , 73 Ohio St.3d 89, 92, 652 N.E.2d 671 (1995) ; State v. DeHass , 10 Ohio St.2d 230, 227 N.E.2d 212 (1967), paragraph one of the syllabus. We will not reverse those decisions absent an abuse of discretion where the record shows the decision was unreasonable, arbitrary or unconscionable. Flowers at ¶ 59 ; Kinn v. HCR ManorCare , 2013-Ohio-4086, 998 N.E.2d 852, ¶ 14 (6th Dist.).

{¶ 13} In order for the jury to find appellant guilty of assault on or about September 6, 2015, in Erie County, Ohio, appellee must prove beyond a reasonable doubt that appellant knowingly caused or attempted to cause physical harm to Mr. Johnson. R.C. 2903.13(A). Appellee presented evidence at trial of three alleged assaults by appellant: 1) striking Mr. Johnson in the face at least once with a closed fist, 2) repeatedly striking Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
111 N.E.3d 545, 2018 Ohio 1551, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bolton-ohctapp6erie-2018.