from the Canton Municipal Court, Case No. 2016 CRB 4618
Plaintiff-Appellee JOSEPH MARTUCCIO Canton Law Director
TYRONE D. HAURITZ Canton City Prosecutor By: KATIE ERCHICK
GILBERT Assistant City Prosecutor
Defendant-Appellant DEREK LOWRY
JUDGES: Hon. Patricia A. Delaney, P.J. Hon. William B.
Hoffman, J. Hon. Craig R. Baldwin, J.
Appellant Charles Schoeneman appeals a judgment of the Canton
Municipal Court convicting him of criminal damaging or
endangering in violation of R.C. 2909.06(A)(1). Appellee is
the State of Ohio.
OF THE FACTS AND CASE
Robin Minor has four siblings, including appellant. She and
appellant do not speak to each other. After their father was
murdered in 2008, she began decorating the grave of their
parents at Forest Hill Cemetery in Canton, Ohio, for
September 5, 2016, was Labor Day. The day before, Robin
placed a wreath she had made and a vase of red, white and
blue flowers on the grave. Her understanding of the cemetery
rules was that items could be on the grave from three days
before a holiday until three days after. She had placed a
star on the wreath that said, "Property of Robin Minor.
Please do not remove. I will pick up according to the
cemetery rules. Thank you. Happy Labor Day, 9-4-16." Tr.
67. When she returned to the cemetery on Labor Day, the
wreath and the flowers were gone. A blue star was left on
which someone had written, "Junk removed by Schoeneman
family just because, " and two pennies were placed on
top of the star. On September 10, 2016, she found the wreath
in a trash can.
After Robin placed the items on the grave the day before
Labor Day, her husband Daniel Minor stayed behind at the
cemetery. He climbed a tree with a video camera. Using the
camera, he videotaped appellant taking a star off the wreath,
placing the wreath in a tree, stomping on the flowers which
had been placed in a trash can, and putting the wreath on
Robin turned the video over to the Canton Police Department.
Appellant was charged with criminal damaging or endangering
in violation of R.C. 2909.06(A)(1).
The case proceeded to jury trial in the Canton Municipal
Court. Appellant presented evidence that between March 1 and
November 25, any objects placed on graves other than flowers
in a cemetery-approved vase will be removed when the lawn is
mowed, about every five days. He also presented the testimony
of his brother, Louis Schoeneman, that he does not believe in
decorating graves, and that Robin had refused his request in
2015 to remove items from the grave when he and another
brother were visiting. Although Robin testified that she last
spoke to Louis on Labor Day weekend of 2015, he testified
that they spoke the Tuesday before trial.
Appellant was convicted as charged and sentenced to 90 days
incarceration, with all but two days suspended, and he was
given credit for two days served. He assigns four errors to
this Court on appeal:
"I. THE TRIAL COURTS FAILURE TO ADDRESS A JUROR'S
RELATIONSHIP WITH ONE OF THE WITNESSES ...