Court of Appeals of Ohio, Fifth District, Ashland
from the Ashland Municipal Court, Case No. 16-CRB-00958 A-C
Plaintiff-Appellee: ANDREW N. BUSH
Defendant-Appellant: JOHN ANTHONY POWERS
Patricia A. Delaney, P.J. Hon. William B. Hoffman, J. Hon.
John W. Wise, J.
Appellant Jonathan Francis appeals from the February 16, 2017
judgment entry of the Ashland Municipal Court. Appellee is
the city of Ashland.
AND PROCEDURAL HISTORY
Appellant's mother, Emmalean Quinn, is married to Leonard
Quinn but the two are separated. They live near each other on
Myers Avenue in Ashland: Leonard lives on the property that
also houses his business, T & L Automotive and Towing,
and Emmalean lives across the street in a house with
appellant, his wife, and two children.
On August 27, 2016, between two and four in the afternoon, an
argument arose between Emmalean, appellant, and Leonard.
Leonard remained on his own property and Emmalean and
appellant stood in the roadway. Accounts differed as to the
source of the argument, but appellant said some tires on
Leonard's property belonged to him and Leonard told
appellant to take them. Appellant took the tires back to his
own property but the argument resumed.
Another neighbor and friend of Leonard, Toby Shire, heard the
argument and came outside to see what was going on. Shire
witnessed the ensuing events.
At some point appellant picked up a piece of lumber,
described as a "2 by 6, " and swung or brandished
it in Leonard's direction, threatening "I
oughta….knock [Leonard's] block off" (T. 26,
109). Appellant put the 2 by 6 down, went back inside his
house, and emerged a few minutes later with a large aluminum
flashlight that "looked like a baseball bat" (T.
31). The argument resumed and appellant brandished the
flashlight, then returned to the house.
Appellant reemerged from the house and said "If I am
going to go to jail, I am going to jail for something
worthwhile" (T. 32, 45). Appellant got into his
Avalanche truck which was parked on his own property and spun
out as he pulled out of his yard, accelerating fast. He had
to stop and back up because another car was in the road, but
then drove around his mother and into the gravel parking lot
of Leonard's shop. Shire stood 10 to 12 feet away from
Leonard and Leonard shouted at him to get out of the way.
Appellant drove the truck at Leonard, who put his arms up.
The front headlight and grille of the truck struck Leonard
lightly but enough to knock him back a few feet. Shire
described him "bounc[ing] off the front of the
truck" (T. 36).
Appellant pulled out of the parking lot, drove the truck back
across the street, parked and went into the house. Leonard
went into his garage to call police.
Lt. Steven Hoover of the Ashland Police Department was the
first officer at the scene to speak to Leonard and Shire.
Other officers attempted to speak to appellant but he
wouldn't come out of the house. Hoover determined
appellant would be arrested for assault, possession of
criminal tools, and reckless operation. A tow truck arrived