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In re Juvenile

Court of Appeals of Ohio, Fifth District, Stark

June 5, 2017

IN RE: D.B. JUVENILE

         Appeal from the Stark County Court of Common Pleas, Juvenile Division, Case No. 2016 JTR 00170

          For Plaintiff-Appellee: JOHN D. FERRERO, JR., STARK CO. PROSECUTOR, RENEE M. WATSON

          For Defendant-Appellant: BERNARD L. HUNT

          Hon. Patricia A. Delaney, P.J. Hon. William B. Hoffman, J. Hon. John W. Wise, J.

          OPINION

          Delaney, P.J.

         {¶1} Appellant D.B. appeals from the October 6, 2016 Judgment Entry of the Stark County Court of Common Pleas, Juvenile Division overruling his objections to the decision of the magistrate. Appellee is the state of Ohio.

         FACTS AND PROCEDURAL HISTORY

         {¶2} The following facts are adduced from appellant's trial before the magistrate and from the crash report and witness statements included in the record. Sometime around 3:00 p.m. on February 11, 2016, appellant pulled into the parking lot at Roma's Radiator Shop in Perry Township, Stark County, Ohio to talk to a friend. The crash report is included in the record of the case and describes the vehicle appellant was driving as a black Ford F-250 pickup truck.

         {¶3} Joseph Kirkman was at work in the radiator shop when he looked out the window and saw appellant's black pickup truck back into the fence. Kirkman ran out to alert appellant and get his information, but the truck pulled out and Kirkman was only able to get a partial plate number.

         {¶4} Michael Roma Sr., the owner of the property, ran out to try to stop the truck and someone in the truck said, "I've got a gun, you better get back in the building." Roma also obtained a partial license plate number.

         {¶5} Three fence posts were damaged and Roma obtained an estimate to repair the damage for $625. Roma testified appellant never contacted him about the property damage.

         {¶6} Someone at Roma's called Perry police, reported the hit-skip and provided the vehicle description and partial plate number. Shortly thereafter Ptl. Locy observed a vehicle matching the description on Perry Drive and completed a traffic stop. Locy asked appellant if he hit anything and appellant admitted hitting the fence. Locy told appellant to return to Roma's Radiator Shop and followed appellant back to the shop.

         {¶7} Another officer, Ptl. Barrett, spoke with appellant at the shop, took statements, and completed a crash report.

         {¶8} Appellant's written statement says he pulled into Roma's Radiator shop to check on a friend in a separate vehicle in the parking lot. They talked for a moment and appellant "backed out and left ...


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