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State v. Washington

Court of Appeals of Ohio, Eighth District

July 3, 2013

STATE OF OHIO PLAINTIFF-APPELLEE
v.
KENNETH WASHINGTON DEFENDANT-APPELLANT

Criminal Appeal from the Cuyahoga County Court of Common Pleas Case Nos. CR-550460 and CR-550577

ATTORNEY FOR APPELLANT Kevin M. Cafferkey.

ATTORNEYS FOR APPELLEE Timothy J. McGinty Cuyahoga County Prosecutor Maxwell M. Martin Assistant Prosecuting Attorney

BEFORE: S. Gallagher, J., Stewart, A.J., and Keough, J.

JOURNAL ENTRY AND OPINION

SEAN C. GALLAGHER, JUDGE

{¶ 1} Appellant Kenneth Washington appeals from his conviction in the Cuyahoga County Court of Common Pleas on two counts of domestic violence, felonious assault, menacing, and having a weapon while under disability with forfeiture specifications. For the reasons stated herein, we affirm.

{¶ 2} In Cuyahoga C.P. No. CR-550460, appellant was charged under a nine-count indictment with two counts of assault, two counts of domestic violence, one count of felonious assault, three counts of aggravated menacing, and one count of having weapons under disability with forfeiture specifications. Appellant entered a plea of not guilty, and the case proceeded to a jury trial.

{¶3} The victim in this case was appellant's girlfriend. As part of her plea to permitting drug abuse in a separate matter, she agreed to testify against appellant.

{¶ 4} The victim testified that she was in a relationship with appellant and that he started being abusive in March 2011. She testified that on March 19 or 20, 2011, appellant hit her in the head, spat in her face, pinned her down, and hit her with his boot.

{¶5} On May 13, 2011, appellant threw her into a wall, put a knife to her head, "smacked" her "upside my head, " and threatened to stomp her with his shoe while she was on the ground. The victim sustained a lump to her forehead from this incident. Photographs of the victim were introduced depicting a bruise to her forehead and scratches to her chest.

{¶ 6} The victim testified that on May 15, 2011, appellant smacked her, hit her with a remote control, spat in her face, pinned her down, and held a knife to the back of her head. The victim indicated that she could feel the tip of the knife on her skull and appellant threatened to kill her. Appellant tried to apply pressure, but she kept moving her head and prevented him from breaking skin. Following this incident, the victim went to her mother's house. A police report was made the next morning.

{¶7} The May 15 incident took place at 1164 Melbourne Avenue in East Cleveland, which was a house she and appellant were renting. There was no written lease agreement, and the victim had not yet changed the utilities to her name. The victim stated that she and appellant moved into the home a couple days before the incident, but later stated they had been in the home for weeks. She then indicated that she had moved in May 9 or 10 and appellant moved in the same day. Appellant had moved belongings, clothes, and furniture into the home. She also stated that appellant had the only key to the home, he paid the first month's rent, and he slept at the house several times.

{¶8} On May 17, 2011, the police went to secure the residence. Before arriving, they were flagged down by the victim who indicated she had received a call from appellant stating that he could see them and was going to shoot her from his position inside the home.

{ΒΆ 9} The police kicked the door in but did not find appellant in the home. A gun was recovered from the residence. No identifications could be made from the fingerprint ...


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