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State of Ohio v. Waleed N. Mansour

October 21, 2011

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
WALEED N. MANSOUR, DEFENDANT-APPELLANT.



Criminal Appeal from the Girard Municipal Court, Case No. 2010 CRB 0007.

The opinion of the court was delivered by: Diane V. Grendell, J.

Cite as State v. Mansour,

OPINION

Judgment: Affirmed.

{¶1} Defendant-appellant, Waleed Mansour, appeals his conviction for Domestic Violence, following a trial in the Girard Municipal Court. The issue to be decided in this case is whether a Domestic Violence conviction is supported by the manifest weight of the evidence when the State presents the testimony of the victim alone, without other evidence. For the following reasons, we affirm the decision of the court below.

{¶2} On January 4, 2010, Waleed was charged with Domestic Violence, a misdemeanor of the first degree, pursuant to R.C. 2919.25(A).

{¶3} On January 15, 2010, Huwaida Mansour, Waleed's ex-wife, was granted a Temporary Protection Order against Waleed, due to the pending Domestic Violence case.

{¶4} The matter proceeded to a bench trial on December 23, 2010. The State presented the testimony of one witness, Huwaida.

{¶5} Huwaida testified that she and Waleed have two children together and she has custody of them. The children have visitation with Waleed every other weekend.

{¶6} Huwaida testified that on January 3, 2010, the children were staying at Waleed's home, to make up for a missed visitation that occurred while the children were on vacation with Huwaida. Huwaida stated that the children were supposed to stay with Waleed until 6:00 p.m. on January 3, but on the morning of January 3, the children called her and asked her to pick them up from Waleed's home.

{¶7} In response to the phone call, Huwaida went to Waleed's home. Huwaida explained that when picking the children up from Waleed's home, she would typically remain in her car, honk the horn, and the children would walk out to her car. On January 3, she did not honk her horn, but instead got out of her car, went to Waleed's front door, and knocked. She testified that she saw Waleed inside the house, approaching the front door, and heard him yelling at the children, saying "why did you call mommy?" and "don't you want to stay with daddy?" According to Huwaida, Waleed then opened the door and smacked her "across [her] head twice" with his open hand. Huwaida testified that Waleed opened the front door with his left hand and struck her in the face with his right hand. She explained that when Waleed smacked her on the forehead, the hat she was wearing fell to the ground. She stated that the slap caused her to feel pain and left a red mark on her forehead, but she did not seek medical treatment.

{¶8} Huwaida explained that after hitting her, Waleed slammed the door shut. Waleed then opened the door and put their daughter outside in the snow, wearing no shoes. Huwaida testified that Waleed closed the door, opened it again, and then put their son outside, also without shoes. Huwaida heard Waleed saying "you want to disrespect daddy by going with mommy?" Huwaida explained that while she was getting into her car to leave, Waleed opened the door and stated "I'm going to destroy you" and also said he was going to "kill" her. Huwaida stated that she immediately left and went to the police station to file a report.

{¶9} Huwaida also testified that she had made domestic violence allegations against Waleed on previous occasions.

{ΒΆ10} Waleed testified that, on the morning of January 3, he was in his basement and heard noise upstairs. According to him, he went upstairs and his daughter "was already halfway out the door." Waleed saw Huwaida taking their daughter to her car, and he then shut the door. According to Waleed, their son then tried to leave ...


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