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State v. Crossty

Court of Appeals of Ohio, First District, Hamilton

November 1, 2017

STATE OF OHIO, Plaintiff-Appellee,
v.
LEVENSKI CROSSTY, Defendant-Appellant.

         Criminal Appeal From: Hamilton County Court of Common Pleas TRIAL NO. B-1604044

          Joseph T. Deters, Hamilton County Prosecuting Attorney, and Sean M. Donovan, Assistant Prosecuting Attorney, for Plaintiff-Appellee,

          Brian T. Goldberg, for Defendant-Appellant.

          OPINION

          MYERS, JUDGE.

         {¶1} Following a jury trial, Levenski Crossty was convicted of aggravated burglary, felonious assault, and abduction. The trial court sentenced him to consecutive prison terms for an aggregate of 20 years. He now appeals.

         Facts and Procedural History

         {¶2} Jessica Wilson, the mother of Crossty's two-year-old daughter, was house-sitting for a friend who was out of town. Wilson and her four young children were at the home when Crossty entered, uninvited, through a window. Wilson did not know Crossty had entered the home until she heard him screaming at her while she was giving one of the children a bath. Wilson shut and locked the bathroom door, but Crossty forced the door open.

         {¶3} Before Wilson could call 911, Crossty grabbed her and struck her in the head. She was apparently knocked unconscious because the next thing she recalled was that she was sitting in the passenger seat of her brother's car with her two-year-old daughter on her lap and three of her older children in the back seat. Crossty was driving the car.

         {¶4} As he was driving, Crossty continually screamed at Wilson and struck her face, arm, and head. This continued over the course of several hours.

         {¶5} Wilson said that Crossty drove them to a park, where they all got out of the car for a short time. Wilson was scared and wanted to get away from Crossty, but she did not leave because she feared for the safety of her children.

         {¶6} Then they all got back into the car and Crossty drove Wilson and the children to his sister's home. His sister was not there. In an attempt to escape from Crossty, Wilson ran to a neighbor's home, pounded on the door, and yelled for help. No one responded. Crossty grabbed Wilson, but she held onto a pole. At some point, Crossty bit Wilson's hand.

         {¶7} Crossty got the kids back into the car and threatened to leave with them, so Wilson also got back into the car. Wilson was scared for her children and for herself, but had no phone to call for help, so she repeatedly asked Crossty to drop the children off somewhere. Crossty refused and continued to scream and to strike Wilson. They had been together for several hours at that point.

         {¶8} Then Wilson told Crossty that the children needed to eat. When Crossty pulled into a fast-food restaurant's drive-through lane, Wilson scooped up her two-year-old daughter and escaped from the car. Wilson ran around the car and tried to hand the child to a restaurant employee through the drive-through window, but Crossty grabbed the child, put her in the car, and drove off, leaving a hysterical Wilson behind.

         {¶9} Restaurant employees called the police. An employee testified that Wilson's eye was huge, swollen, black, and bloody.

         {¶10} Wilson was taken to the hospital, where she remained several hours for treatment. Police detectives went to the hospital to interview Wilson and to photograph her injuries. Wilson showed no signs of intoxication.

         {¶11} In his interview with the police, Crossty said that he and a friend had gone to the home where Wilson was house-sitting to have dinner. After his friend left, Crossty took Wilson and four of her children to a park. Crossty said that Wilson was drunk, and that he confronted her about cheating on him. He said that when they got to his sister's home, Wilson ran to a neighbor's home, banged on the door, and yelled for help. So Crossty grabbed her, and had to "get rough" with her to get her back in the car. He ...


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