Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Simms

Court of Claims of Ohio

May 6, 2017

IN RE: COLLEEN SIMMS COLLEEN SIMMS Applicant

          Sent to S.C. Reporter 5/23/17

          DECISION OF THE MAGISTRATE

          Daniel R. Borchert, Magistrate

         {¶1} On February 13, 2015, applicant, Colleen Simms, filed a compensation application as the result of an alleged incident of Domestic Violence which occurred on January 16, 2015. On June 5, 2015, the Attorney General issued a finding of fact and decision denying applicant an award of reparations since she engaged in substantial contributory misconduct as defined in R.C. 2743.51(M).

         {¶2} On June 25, 2015, applicant submitted a request for reconsideration. Applicant argued that she was a victim of assault perpetrated by the offender. Applicant admitted she acted in self-defense to protect herself from further harm. On July 28, 2015, the Attorney General rendered a Final Decision finding no reason to modify the initial decision. On August 28, 2015, applicant filed a notice of appeal from the July 28, 2015 Final Decision of the Attorney General. Hence, a hearing was held before this magistrate on February 23, 2016 at 11:15 a.m.

         {¶3} Applicant, Colleen Simms and her attorney, Mark Poole, appeared at the hearing, while Assistant Attorney General Christine Manna and Associate Assistant Attorney General Lauren Angell represented the state of Ohio.

         {¶4} Initially, the issues on appeal are 1) whether Colleen Simms was a victim of criminally injurious conduct; 2) whether Colleen Simms was the offender; and 3) whether Colleen Simms engaged in substantial contributory misconduct.

         {¶5} Applicant argued that Ms. Simms was a victim of criminally injurious conduct, sought medical treatment the same day, and subsequently filed a restraining order against the offender. Accordingly, she qualifies as a victim of criminally injurious conduct and should be granted an award.

          {¶6} The Attorney General countered that applicant will not be able to prove she was a victim of criminally injurious conduct and the only evidence she will submit is her uncorroborated statements as to how the events transpired. Furthermore, the evidence will reflect that she was the offender in this incident. Finally, even if it is decided she is a victim and was not the offender, the evidence will reflect that she engaged in substantial contributory misconduct. Therefore, the Attorney General's Final Decision should be affirmed.

         {¶7} Colleen Simms was called to testify. Ms. Simms related the problems with her husband (now ex-husband) Larry Trimmer II ("Trimmer") centered on her two year old son and her relationship with the son's father. Ms. Simms related on the day of the incident, January 16, 2015, she and her ex-husband were at the pizza shop owned by her ex-husband when a verbal argument ensued, (topic unknown). Upon her ex-husband's return home another argument occurred concerning sex, a frequent quarrel causing argument.

         {¶8} In the house at this time were applicant and her 18 month old son, her ex-husband, and her ex-husband's son and his friend. Ms. Simms related she made recordings of the incident which occurred on January 16, 2015. When he became aware she was recording the conversation, he demanded she erase it, but she refused. At that point he lunged at her attempting to retrieve the cell phone, but she sat on the phone denying his access. At this time she sustained injury to her ribs and back. Ms. Simms stated she dug her fingernails into his elbow to get him to release his hold on her. She stated she did not shove him off the bed.

         {¶9} Ms. Simms asserted as the result of the assault she "could not stand, could not sit, could not walk, could not breathe, could not do anything because of the pain." Consequently, she sought medical treatment. She believed the hospital, Licking Memorial, called the police, subsequently, she filed a Civil Protection Order however it was reduced to a restraining order which limited contact.

         {¶10} Applicant acknowledged that no criminal charges were filed against Trimmer. However, she denied instigating the altercation. She related she started recording conversations between them approximately six months into the marriage because of concerns due to Trimmer's temper, violent nature, and threats. On January 16, 2015, Trimmer was the aggressor and she sustained injury as the result of his criminal conduct.

         {¶11} Upon cross-examination, Ms. Simms acknowledged she had total control over the recordings. With respect to certified protection order which was an agreed judgment entry, Ms. Simms stated this was mutually agreed by her and her now ex-husband. Whereupon, Colleen Simms testimony was concluded and applicant rested her case.

         {¶12} The Attorney General called Jeffrey Vermaaten, a Buckeye Lake Police Officer to testify via telephone. Officer Vermaaten indicated he was familiar with the case involving Colleen Simms and Trimmer since he answered the initial call and made recommendations about the case to the prosecutor. He stated he authored the police report and obtained all witness statements contained in the report.

         {¶13} On the day of the incident he went to the hospital to speak with Colleen Simms. After that conversation, he spoke with people who had accompanied her to the hospital. He also spoke with the alleged offender, Trimmer and obtained a witness statement from him. He interviewed Trimmer's son, Larry Trimmer III, and a friend of the son, Zachary Frazee. At this juncture, the Attorney General read the statement of Zachary Frazee, asking this officer if this was an accurate account of the statement Frazee had provided, he responded in the affirmative. The same was done with a statement of Trimmer's son and finally, he was read the statement by the alleged offender, Trimmer. All statements reflect the basic fact scenario that a confrontation occurred over Colleen's cell ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.