Court of Appeals of Ohio, Fifth District, Guernsey
from the Guernsey County Court of Common Pleas, Case No. 16
Plaintiff-Appellee JASON R. FARLEY Assistant Prosecuting
Defendant-Appellant ROBERT MCCLELLAND Graham & Graham
JUDGES: Hon. William B. Hoffman, P.J. Hon. John W. Wise, J.
Hon. Craig R. Baldwin, J.
Appellant Walter J. Rogers appeals a judgment of the Guernsey
County Common Pleas Court convicting him of tampering with
evidence (R.C. 2921.12) and sentencing him to twenty-four
months incarceration. Appellee is the State of Ohio.
OF THE FACTS AND CASE
On February 26, 2016, Trooper Joshua Zaugg of the Ohio State
Highway Patrol, and two other troopers were dispatched to the
area of State Route 313 and Interstate 77, in reference to a
vehicle reported stolen by the Newark Police Department. The
vehicle had a GPS tracking device that provided the location
of the vehicle. Trooper Zaugg saw a black Chrysler Sebring
matching the description of the vehicle. He ran the license
plate number, which came back registered to a different type
The trooper activated his overhead lights and a high speed
chase ensued. During the chase, two plastic baggies were
thrown from the vehicle. The baggies were empty; however, one
of the baggies had appellant's name on it.
Finally, the vehicle went off the road and became disabled in
a creek bed. The occupants fled on foot into the woods. The
troopers, with the assistance of the Guernsey County Sheriffs
Department, used a canine officer to track the two men. The
driver was first located, followed by appellant, who was the
passenger in the vehicle.
Appellant was indicted by the Guernsey County Grand Jury with
one count of tampering with evidence on April 11, 2016. The
case proceeded to jury trial, where he was convicted as
charged and sentenced to twenty-four months incarceration
with 140 days of jail time credit.
Appellant assigns four errors on appeal:
"I. THE DEFENDANTS CONVICTION WAS AGAINST THE MANIFEST
WEIGHT AND SUFFICIENCY OF THE EVIDENCE.
"II. THE COURT ERRED IN DENYING THE DEFENDANTS MOTION
FOR AQUITTAL ...