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State v. Dunbar

Court of Appeals of Ohio, Twelfth District, Butler

June 19, 2017

STATE OF OHIO, Plaintiff-Appellee,
v.
MARTY A. DUNBAR, Defendant-Appellant.

         CRIMINAL APPEAL FROM HAMILTON MUNICIPAL COURT Case No. 16 CRB 02744-A

          Neal D. Schuett, Hamilton City Prosecutor, for plaintiff-appellee.

          Christopher P. Frederick, for defendant-appellant.

          OPINION

          RINGLAND, J.

         {¶ 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. stated:

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 ...

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