IN RE: D.B. JUVENILE
from the Stark County Court of Common Pleas, Juvenile
Division, Case No. 2016 JTR 00170
Plaintiff-Appellee: JOHN D. FERRERO, JR., STARK CO.
PROSECUTOR, RENEE M. WATSON
Defendant-Appellant: BERNARD L. HUNT
Patricia A. Delaney, P.J. Hon. William B. Hoffman, J. Hon.
John W. Wise, J.
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.
AND PROCEDURAL HISTORY
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.
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.
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
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.
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.
Another officer, Ptl. Barrett, spoke with appellant at the
shop, took statements, and completed a crash report.
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 ...