Court of Appeals of Ohio, Twelfth District, Butler
APPEAL FROM HAMILTON MUNICIPAL COURT Case No. 16 CRB 02744-A
D. Schuett, Hamilton City Prosecutor, for plaintiff-appellee.
Christopher P. Frederick, for defendant-appellant.
1} Defendant-appellant, Marty Dunbar, appeals his
conviction in the Hamilton Municipal Court. For the reasons
detailed below, we affirm.
2} Dunbar was charged with assault, in violation of
R.C. 2903.13(A), a first-degree misdemeanor. The matter was
tried to the bench. The only testimony presented was from the
victim and Dunbar. Following the close of evidence, the trial
court found Dunbar guilty of assault.
3} The record reflects that on July 9, 2016, Dunbar
was at L.M.'s apartment. LM. is the victim's mother
and Dunbar's ex-girlfriend. At some point an altercation
occurred between L.M. and Dunbar. L.M.'s 16-year-old
daughter, D.C., was present in the apartment, bathing her
younger brother, when she heard Dunbar arguing with L.M.
Concerned, D.C. went to the living room to separate the two.
4} L.M. asked Dunbar to leave immediately, but he
first demanded the return of his personal effects.
Eventually, the altercation became physical. D.C. testified
that Dunbar attempted to strike her with a closed fist, but
she was able to avoid the punch without being struck. D.C.
D.C: Like he was trying to hit me and - -
PROSECUTOR: Can you describe how he moved?
D.C: Like he raised his hand and tried to hit me but I moved
out of the way and like - -
PROSECUTOR: Did he extend his arm?
D.C: Yes, sir.
PROSECUTOR: And did he have an open hand or a ...