Appeal from the Ashland Municipal Court, Case No. 12-CR-B-01124.
For Plaintiff-Appellee: DAVID M. HUNTER ASSISTANT LAW DIRECTOR Ashland Law Director’s Office.
For Defendant-Appellant: MATTHEW J. MALONE.
Hon. Sheila G. Farmer, P.J. Hon. John W. Wise, J. Hon. Patricia A. Delaney, J.
(¶1} Appellant Axel R. Ingersoll appeals from the January 13, 2013 Judgment Order of the Ashland Municipal Court. Appellee is the state of Ohio.
FACTS AND PROCEDURAL HISTORY
(¶2} This case arose on September 20, 2012, around 10:00 p.m. when officers of the Ashland City Police Department reported to a disturbance involving a large group of juveniles at Miller Motors at the intersection of East Main Street and Walnut Street. Present were appellant, an adult, and his sister F.I., a juvenile, among a group of about twenty people. The police told everyone to leave but noticed individuals continued to argue with each other and so continued to patrol the area so that their continued presence might deter further issues. Most of the crowd dispersed westbound on Main Street.
(¶3} Officer Lee Eggeman drove slowly down Main Street and turned onto East Washington Street. He was then flagged down by a man and woman who told him they saw a man with a gun up the street, and pointed westbound. They described the man with a gun as a black male wearing a white undershirt and dark pants.
(¶4} Eggeman radioed the information to other officers and proceeded westbound on Washington. He observed a man matching the given description on the porch at 306 East Washington Street, appellant's residence: a black male wearing a white undershirt and dark jeans, later identified as Malcolm Evege. Also present on the porch were appellant and his sister, F.I. Several juveniles also stood along the street and sidewalk.
(¶5} Eggeman exited his cruiser and gave verbal commands to the three people on the porch to show their hands and get down on the ground. At first no one complied and Eggeman drew his firearm. He continued to shout, "Show me your hands and get down." Appellant put his hands up, but the black male and F.I. ran inside the house.
(¶6} By this point Sgt. Garrison had arrived on the scene and he pursued the two to the door of the house, trying to get to the door before it closed. Eggeman holstered his firearm and went to follow Garrison but was unable to do so because appellant stood at the top of the porch steps with his hands up. Appellant stated, "You guys can't come up here."
(¶7} Eggeman told appellant to move out of the way and appellant repeated "You guys can't come up here." Eggeman grabbed appellant, pulled him off the porch, placed him on the ground, and told him to stay there. Eggeman then assisted Garrison, who entered the house and was subsequently assaulted by F.I.
(¶8} Appellant and a defense witness testified at trial that appellant complied with Eggeman's orders and stepped off the porch, or was attempting to do so, with his hands up when Eggeman pulled him off the porch. Appellant denied telling officers they couldn't enter the ...