appeal from the Canton Municipal Court, Case No. 2015CRB05075
Plaintiff-Appellee TASHA FORCHIONE Assistant Prosecutor
Defendant-Appellant AARON KOVALCHIK
JUDGES: Hon. W. Scott Gwin, P.J. Hon. William B. Hoffman, J.
Hon. John W. Wise, J.
Appellant, Nelson Scott Parks ["Parks"] appeals his
convictions and sentences after a bench trial in the Canton
Municipal Court on one count of Criminal Trespass under R.C.
2911.21 and one count of Littering and Dumping under Canton
Municipal Code 521.08.
and Procedural History
Parks was charged with one count of Criminal Trespass under
R.C. 2911.21 and one count of Littering and Dumping under
Canton Municipal Code 521.08. Parks through counsel filed a
jury demand on November 10, 2015. A court trial was conducted
on August 18, 2016. The following evidence was adduced during
On October 28, 2015, Officer Steven Shackle of the Canton
Police Department made contact with Parks at a wooded tree
line area of 25th Street west of Market Avenue in Canton,
Ohio. Shackle was responding to a call concerning a male who
was yelling at children. Officer Shackle observed an area of
trash bags in the area that Parks referred to as his home.
Officer Shackle instructed Parks to leave the area. Officer
Shackle testified the source of the call concerning Parks was
from the property manager of the Market Ridge Apartments and
that the property manager did not want Parks at the Market
Ridge Apartments. Officer Shackle testified that he made
contact with Parks north of the property where the Market
Ridge Apartments are located.
Officer Nick Casto of the Canton Police Department testified
that he made contact with Parks in the trees behind the
Market Ridge Apartments on October 30, 2015. Officer Casto
observed trash bags and garbage at the location. However,
Officer Casto could not testify as to whether Parks was on
the property where the Market Ridge Apartments were located
or if Parks was on the property that makes up part of the
Canton City Parks.
Parks testified that he was an archaeologist who lived
wherever he was conducting archeological activities. Parks
testified that he was never on the property of the Market
Ridge Apartments and that he was on the property of Weis
Park. Parks further stated that he did not intend to leave
garbage in the wooded area where the police officers made
contact with him.
The trial court found Parks guilty of Criminal Trespass under
R.C. 2911.21 and Littering and Dumping under Canton Municipal
"I. THE TRIAL COURT ERRED WHEN IT CONDUCTED A COURT