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State v. Pearson

Court of Appeals of Ohio, Fifth District, Stark

October 30, 2017

STATE OF OHIO Plaintiff - Appellee
v.
TYREE PEARSON Defendant-Appellant

         Appeal from the Stark County Court of Common Pleas, Case No. 2016CR1775

          For Plaintiff-Appellee JOHN D. FERRERO Prosecuting Attorney

          RONALD MARK CALDWELL Assistant Prosecuting Attorney Appellate Section

          For Defendant-Appellant JACOB T. WILL

          Hon. W. Scott Gwin, P.J., Hon. Craig R. Baldwin, J., Hon. Earle E. Wise, J. judge.

          OPINION

          BALDWIN, JUDGE.

         {¶1} 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.

         STATEMENT OF THE FACTS AND CASE

         {¶2} 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 pavement.

         {¶3} 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.

         {¶4} 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.

         {¶5} 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.

         {¶6} 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.

         {¶7} 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 ...


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