from the Perry County Court of Common Pleas, Case No.
Plaintiff-Appellee JOSEPH A. FLAUTT Prosecuting Attorney
Defendant-Appellant JAMES S. SWEENEY James Sweeney Law, LLC
Patrica A. Delaney, P.J. Hon. William B. Hoffman, J. Hon.
Craig R. Baldwin, J.
Appellant James D. Crawford appeals a judgment of the Perry
County Common Pleas Court convicting him of felonious assault
(R.C. 2903.11(A)(1)) and sentencing him to five years
incarceration. Appellee is the State of Ohio.
OF THE FACTS AND CASE
On Friday April 25, 2014, Richard McGrath received a phone
call from appellant asking him to come over to talk about
some problems appellant was experiencing. McGrath lived with
Kimberly Hanning, his long-term girlfriend, and drove his
pickup truck to appellant's home.
Appellant and McGrath drank beer and moonshine at
appellant's home, before driving to the home of Darla
Jackson in McGrath's pickup truck. Appellant and McGrath
had a disagreement at Jackson's home, and appellant
stated to McGrath, "[T]hen I'll just beat the fuck
out of you." Tr. 139. The pair left Jackson's home
shortly before midnight.
After arriving back at appellant's residence, McGrath
made a statement to appellant which appellant did not like.
Appellant hit McGrath and drug him outside. While outside,
appellant continued to hit McGrath, kicked him in the jaw
while wearing steel-toed boots, and kicked him in the ribs.
Appellant and a man Hanning did not know brought McGrath home
the next morning. They did not bring McGrath's pickup
truck, but sometime the next day Hanning noticed the truck
had been returned. McGrath was unable to walk and the men
carried him into the house with McGrath's arms around
their shoulders and his feet barely touching the floor. They
placed him in a recliner, which he promptly fell out of.
Appellant told Hanning that McGrath had fallen off a wall.
Hanning noted that McGrath's face looked strange, and he
was barely able to talk. He did not want her to call 911 or
the police. She drug him into the bedroom using a sheet, and
took off his clothing. He moaned a lot. Eventually, he agreed
that she should call 911. He was initially treated at a
hospital in Nelsonville before being transferred to Grant
Hospital in Columbus. Bruising on McGrath's face, as
depicted in pictures taken at the hospital, resembled the
imprint of a boot.
McGrath woke up in the Columbus hospital with two broken
jaws, a broken leg, five broken ribs, and a broken shoulder.
He had surgery on his jaw, and at the time of trial needed
surgery on his eye and shoulder.
On the day after the assault, Clarence Fulk, appellant's
brother-in-law, had a birthday party at his home. While at
the party, appellant told Fulk that he and McGrath got into a
fight, and he might have choked McGrath. McGrath's
brother, Robert, was also at the party. Appellant told
Robert, "You're [sic] fucking brother will never
drink moonshine in my house ...