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State of Ohio v. Jared Evans

October 13, 2011

STATE OF OHIO PLAINTIFF-APPELLEE
v.
JARED EVANS DEFENDANT-APPELLANT



Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-537647

The opinion of the court was delivered by: Larry A. Jones, J.:

Cite as State v. Evans,

JOURNAL ENTRY AND OPINION

JUDGMENT

AFFIRMED

BEFORE: Jones, P.J., Cooney, J., and E. Gallagher, J.

{¶1} Defendant-appellant, Jared Evans, appeals his assault conviction. Finding no merit to the appeal, we affirm.

{¶2} In 2010, Evans was charged with assault on a police officer, a felony of the fourth degree. He waived his right to a jury trial, and his case was tried to the bench. The apposite facts were presented at trial.

{¶3} On May 16, 2010, Lee Lucas ("Lucas"), a federal drug enforcement agency agent on administrative leave, was working as the night manager at Panini's in Westpark. Lucas testified that just after closing time, he noticed two men in the middle of Rocky River Drive circling each other, as though they were preparing to fight. One of the men, later identified as Evans, tackled the other young man, whose hair was cut into a mohawk.

{¶4} Lucas saw Robert Foley ("Foley"), a Cleveland police lieutenant working security at Panini's, approach the fray. He further observed a passing pickup truck swerve to miss the two men fighting in the middle of the busy street.

{¶5} Lucas testified he heard Foley yell, "Cleveland police, break it up." Lucas saw Foley hold up his police badge and identify himself as a police officer. Foley was not in uniform, but had his badge on a chain around his neck and his service weapon holstered on his belt.

{¶6} Lucas explained that he grabbed Evans and told him to "take it easy," because "the cops," were there. Lucas testified that Evans appeared to calm down so he released him from his grasp. "At this point," Lucas testified, "as Lieutenant Foley was pushing people backwards, the defendant ran from my left side, crossed me, and ran over and I saw him punch Lieutenant Foley in the back of the ear." Lucas explained that he and Evans were 10-20 feet away from Foley when Evans got up and charged Foley. Foley fell to the ground and temporarily lost consciousness. Lucas testified that he ran over, "foot swept" Evans, and held him on the ground.

{¶7} Foley testified that he was working off-duty security at Panini's and was dressed in plain clothes, with his badge around his neck and his service weapon and handcuffs on his belt. He explained that that area of Westpark was his usual beat and everyone knew him.

{ΒΆ8} Foley first saw Evans fighting in the middle of the street with another male. Foley explained that as a police officer working security at Panini's, he had a duty to react to the dangerous situation because "it appeared that somebody was going to get injured in th[e] altercation" and the men were fighting in the middle of a busy thoroughfare. He ...


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