from the Stark County Court of Common Pleas, Case No.
Plaintiff-Appellee JOHN D. FERRERO Prosecuting Attorney
MARK CALDWELL Assistant Prosecuting Attorney Appellate
Defendant-Appellant JACOB T. WILL
W. Scott Gwin, P.J., Hon. Craig R. Baldwin, J., Hon. Earle E.
Wise, J. judge.
Appellant Tyree Pearson appeals from the December 22, 2016
Judgment Entry of the Stark County Court of Common Pleas.
Appellant was found guilty of one count of Felonious Assault
and one Count of Domestic Violence and sentenced to an
aggregate term of five years. Appellee is the state of Ohio.
OF THE FACTS AND CASE
This case arose on September 12, 2016, when Appellant
confronted Antoinette Law near the 12th Street Market in
Canton, Stark County, Ohio and struck her with a piece of
Antoinette Law and Appellant had known each other for
approximately seven years prior to the assault. They had
lived together for a short time and the relationship ended
less than two months prior to September 12, 2016.
On September 12, 2016 Ms. Law walked to the 12th Street
Market and saw Appellant in an alley, but they did not speak.
While in the Market she noticed Appellant outside the Market
and when she left, he was shouting and threatening someone in
the Market. Ms. Law attempted to calm Appellant, but she was
unsuccessful and decided to leave the scene. Appellant began
to shout at her as she walked away. As she walked from
Appellant, Ms. Law saw him pick up a piece of the asphalt
pavement. He struck her on the right ear with the piece of
pavement and she fell to the ground. Ms. Law's memory is
not clear regarding the events immediately after she was
struck, but she recalls voices, people near her and someone
telling Appellant to move away from her. She was able to
stand and walk to a Circle K and call 911. The Canton Police
Department and the Medical Squad responded to the scene.
Ms. Law was transported to Aultman hospital where she was
treated for a laceration to her right ear and scalp as well
as a concussion. The treating physician placed fifteen
sutures and five staples in her ear and scalp to treat the
wounds. Ms. Law was discharged from the hospital and had no
further treatment. Her wounds have healed but she has scars
in her scalp and right ear.
On, November 1, 2016, the Stark County Grand Jury indicted
Mr. Tyree Pearson on one count of Felonious Assault (R.C.
2903.11(A) (1) and/or (A) (2)), alleging that on September
12, 2016, Appellant did knowingly cause serious physical harm
to Ms. Antoinette Law and/or did cause or attempt to cause
physical harm to Ms. Antoinette Law by means of a deadly
weapon or dangerous ordnance. Appellant was also indicted on
one count of Domestic Violence (R.C. 2919.25(A)) based on the
same set of facts with the allegation that Appellant had
previously pleaded guilty to or had been convicted of two or
more violations of Domestic Violence.
Appellant entered pleas of not guilty and the matter
proceeded to trial by jury. The State offered the testimony
of Ms. Law and the arresting Officer, Michael Herrera. Ms.
Law confirmed that the Appellant struck her with a piece of
pavement. The state offered the testimony of Samuel Hoefler,
an eye witness who confirmed that Appellant struck Ms. Law
with a piece of pavement and that she fell to ...