Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cuyahoga County Court of Common Pleas Case
Nos. CR-15-599104-A, CR-15-599105-A, CR-15-602138-A and
ATTORNEY FOR APPELLANT Kimberly J. Bolton Also listed: Shyne
Anderson Inmate No. 682-513
ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga
County Prosecutor By: Jillian Eckart Frank Romeo Zeleznikar
Assistant County Prosecutors
BEFORE: McCormack, J., Keough, A.J., and E.A. Gallagher, J.
JOURNAL ENTRY AND OPINION
Defendant-appellant Shyne Anderson appeals from his
convictions in four cases at the Cuyahoga County Court of
Common Pleas. The cases involved his multiple acts of
violence against two women. The four cases were tried
together to the bench. After a review of the record and
applicable law, we affirm his convictions.
The record reflects that between December 2015 and February
2016, Anderson was indicted in four separate cases for
offenses he committed between July 2014 and December 2015
against two women with whom he was in a relationship.
Anderson pleaded not guilty in all four cases. He waived his
right to a jury trial, and these cases were tried to the
bench. The state moved to join all four cases for trial. The
defense objected to the joinder. The trial court overruled
the objection. At the joint trial, the state presented the
testimony from the two victims and five police officers. The
defendant did not present any witnesses. The facts in the
four cases are as follows.
C.P. No. CR-15-602138-A
Cuyahoga C.P. No. CR-15-602138-A related to an incident
involving Shana Saunders, with whom Anderson has a daughter.
For his conduct in the incident, Anderson was indicted for
four counts of felonious assault, two counts of domestic
violence, and kidnapping.
Saunders testified at trial that, in the evening of July 23,
2014, she and Anderson were out drinking. Close to midnight,
Saunders expressed a desire to go home. Thinking she was
going to see another man, Anderson chased her around her
vehicle, took her key, and drove off with her vehicle.
Without her vehicle, Saunders walked around for an hour.
Anderson finally returned to her. Saunders entered her car,
carrying a brick she had picked up in the street. They began
to argue, and Saunders threw the brick in Anderson's lap.
Anderson picked up the brick and threw it at Saunders's
face, striking her above her eye, causing a gash. Saunders
asked to be taken to the hospital to receive medical
attention. Anderson refused. He drove her instead to her
house, against her wish. Once there, Anderson followed her
inside her home, while the two continued to argue. According
to Saunders's testimony, she picked up a knife from the
kitchen and out of anger, stabbed the wall with such a force
that her fingers were injured. Anderson then took her vehicle
and drove off. A friend of Saunders who was in her home that
night called the police. The paramedics arrived to take her
to Hillcrest Hospital, where she received multiple stitches
for her wound above the eye.
Officers Bonnie Simmerly and Everett Haworth interviewed
Saunders while she was at the hospital. These two officers as
well as Detective John Freehoffer testified at trial
regarding their investigation of the incident.
Based on Saunders's testimony at trial about how she
injured herself with the kitchen knife, the state nolled two
counts of felonious assault and one count of domestic
violence relating to her knife injury. Anderson was convicted
of one count of felonious assault and kidnapping. He received
eight years in prison for felonious assault and eleven years
for kidnapping, to be served concurrently.
C.P. No. CR-15-99104-A
Cuyahoga C.P. No. CR-15-599104-A related to a burglary
incident on January 11, 2015, also involving Saunders. For
the incident, Anderson was indicted for two counts of
aggravated burglary, one count of domestic violence, and two
counts of criminal damaging.
Saunders testified that on the evening before the incident,
she was out drinking with Anderson. After midnight, Anderson
drove her home. She asked to be dropped off at a gas station
near her house. While she was walking home, Anderson followed
her in his vehicle, trying to get her back in the vehicle,
without success. After she entered her home, an upstairs unit
of a two-family home, she talked to a friend by phone. All of
a sudden, she saw Anderson hanging in the window of her
apartment. He then lifted the window and climbed in. Sensing
trouble, Saunders immediately fled her apartment and ran
downstairs. Anderson chased her and started hitting her in
the face. The downstairs neighbors heard the commotion and
opened their door. Saunders fell in. Anderson followed her
inside. A scuffle between the apartment's two residents
and Anderson ensued. They eventually pushed him outside and
locked the door. While Saunders called the police, the
windows of that apartment were shattered. Saunders sustained
injuries on her jaw, forehead, and eye. Officer Michael Surtz
arrived to find Saunders crying and yelling, her face
bleeding, and the downstairs neighbors shaken up. The
windshield of a vehicle parked on the driveway was also
shattered. While Saunders testified Anderson entered her
second-floor apartment by the window, Officer Surtz, on
cross-examination, testified that the window was about 20
feet off the ground and there was no ladder or rope in the
The trial court found Anderson guilty of aggravated burglary
relating to Saunders's residence, but not guilty of
aggravated burglary relating to the neighbors' residence.
The court found him guilty of the remaining counts. He was
sentenced to 11 years on aggravated burglary. For domestic