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State v. Chapman

Court of Appeals of Ohio, Fifth District

June 21, 2013

STATE OF OHIO Plaintiff-Appellee
v.
DUANE CHAPMAN Defendant-Appellant

Appeal from the Richland County Court of Common Pleas, Case No. 12 CR 470

For Plaintiff-Appellee: JAMES J. MAYER RICHLAND COUNTY PROSECUTOR JOHN C. NIEFT.

For Defendant-Appellant: JOHN C. O'DONNELL III.

JUDGES: Hon. William B. Hoffman, P.J. Hon. Patricia A. Delaney, J. Hon. Craig R. Baldwin, J.

OPINION

DELANEY, J.

{¶1} Appellant Duane Chapman appeals from the November 7, 2012 judgment entry of conviction and sentence before the Richland County Court of Common Pleas. Appellee is the state of Ohio.

FACTS AND PROCEDURAL HISTORY

{¶2} Appellant has three prior convictions for domestic violence, all of which occurred in the state of Michigan.[1]

{¶3} Appellant and Rhonda Beeman met in Michigan and started a relationship. The pair was homeless and needed a place to live, and so they moved to Ohio to live with Abe Licoris and work as packers for Licoris' online business. The three roommates also worked temporary jobs they found online, such as stocking and remodeling at Lowe's on the midnight shift.

{¶4} Beeman's eight-year-old daughter also lives with the trio; the daughter is described as mildly autistic.

{¶5} On July 11, 2012, appellant and Beeman returned to their residence at 152 Crouse Street, Mansfield, Richland County, Ohio after working the midnight shift at Lowe's. Beeman went to bed but appellant started drinking beer. Around 10:00 a.m., Beeman woke up and told appellant that if he got drunk and missed work, she would not cover for him. Appellant became enraged and started throwing boxes around. Beeman's daughter witnessed appellant's behavior and was afraid, so Beeman took her upstairs. Appellant followed them.

{¶6} Appellant and Beeman continued to argue. Appellant eventually left the house with a bag of tobacco. Beeman followed him out of the house, yelling at him about taking the tobacco because it belonged to her as well. Beeman confronted appellant in the front yard.

{¶7} Beeman stated that appellant tried to trip her with a "leg sweep, " knowing she has an injured knee; she stumbled but did not fall.

{ΒΆ8} Beeman went back inside the house and locked the door. Appellant screamed and yelled and kicked the door, eventually opening it when he realized he had the key in his pocket. Beeman testified appellant continued to scream, kick, and throw boxes around ...


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