Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Warman

Court of Appeals of Ohio, Fifth District, Licking

November 15, 2017

STATE OF OHIO Plaintiff-Appellee
v.
CHARLES F. WARMAN Defendant-Appellant

         Criminal appeal from the Licking County Court of Common Pleas, Case No.15CR786

          For Plaintiff-Appellee PAULA SAWYERS Licking County Prosecutor's Office

          For Defendant-Appellant STEPHEN WOLFE

          Hon. W. Scott Gwin, P.J. Hon. John W. Wise, J. Hon. Craig R. Baldwin, J.

          OPINION

          GWIN, P.J.

         {¶1} Appellant Charles Warman ["Warman"] appeals his convictions and sentences after a jury trial in the Licking County Court of Common Pleas on four counts of Domestic Violence and the special findings that he had a prior Domestic Violence conviction, thus enhancing all of the charges to felonies of the fourth degree. We have previously overruled Warman's sole assignment of error. See, State v. Warman, 5th Dist. Licking No. 164-CA-030, 2016 -Ohio- 7754.

         {¶2} This Court granted, in part, Warman's motion to reopen pursuant to App.R. 26(B).

         Facts and Procedural History

         Count II: Nov. 19 - Nov. 22, 2015.

         {¶3} Amanda Peroco testified that on November 21, 2015, while inside her home she heard a male voice and a female voice causing a disturbance. 1T. at 121. She opened her bedroom window to hear a man's voice "raised, screaming obscenities at her." T. at 122. Ms. Peroco heard the woman say, "That she already had a concussion and then he said that he wanted her to feel how she made him feel." 1T. at 122. Ms. Peroco then called 9-1-1. 1T. at 122. Ms. Peroco was not able to get a close enough view to be able to identify the male. 1T. at 125.

         {¶4} Officer John Purtee of the Newark Police Department responded to the 9-1-1 call on November 21, 2015. 1T. at 189. Officer Purtee found F. W. hiding behind the back of a pickup truck in the street. 1T. at 190. Officer Purtee photographed F.W.'s injuries. (1T. at 195).

         {¶5} Officer Purtee testified that F.W. was "extremely scared." 1T. at 190. F.W. told Officer Purtee that her household or family member Charles Warman had been questioning her about a supposed sexual act that she supposedly engaged in with " Jake." 1T. at 192. F.W. claimed that she had been struck in the legs with a large pole. Id. The couple then drove to Jake's house so that Charles Warman could confront Jake. Id. F.W. told Officer Purtee that Charles had a "mud paddle that they use to mix drywall mud" that he carried with him to the house. Id. at 192-193. At some point, F.W. ran back to the street with Charles chasing her. 1T. at 193.

         Count I: Nov. 21, 2015.[1]

         {¶6} F.W. testified that Charles "was swinging the mud paddle telling me he was going to beat me with it" as he chased her around the car. 1T. at 223. F.W. began running down the road; however, she fell down. F. W. testified that Charles "stood over me with the mud paddle and he looked like he was going to beat me with it…" 1T. at 223.

         Count III: Nov. 4 - Nov. 7, 2015.[2]

         {¶7} On November 7, 2015, Dr. Peter Kamhout at the Licking Memorial Hospital treated F.W. 1T. at 129. Dr. Kamhout testified that F.W. reported that she had been struck in the head, the neck, the sides of the head, the back, the left rib area, the left hip and multiple areas to her leg and left hip. 1T. at 130. She was diagnosed with a concussion and bruising. 1T. at 131. F.W.'s medical records were admitted into evidence. State's Exhibit 3; 1T. at 129; 258-259.

         {¶8} Gina Born, an emergency room nurse at Licking Memorial Hospital testified that she was the triage nurse on November 7, 2015. She observed numerous injuries on Ms. Warman's body. State's Exhibit 4(A) - 4(R). Nurse Born testified that F.W. told her that she had been beaten by her household or family member. 1T. at 139.

         Count IV - Aug. 28, 2015 - Oct. 23, 2015.

         {¶9} Grace Marston testified that she is a registered nurse employed by CTEC Adult Education. 1T. at 148. Nurse Marston testified that F.W. began classes on August 31, 2015 and graduated in October 2015. 1T. at 149. Nurse Marston testified that F.W. came to class on September 24, 2015 with visible injuries to her forehead. 1T. at 151. This was not the first time F.W. came to class with injuries. Sometime between August 31, 2015 and September 3, 2015, F.W. came to class with a black eye. 1T. at 152. At the time, F.W. denied any domestic violence. 1T. at 154. However, sometime between November 6, 2015 and November 13, 2015, F.W. appeared at the school and told Nurse Marston that Charles had caused her injuries. 1T. at 155; 158; 214.

         {¶10} Two employees from the Home Depot where F.W. worked testified. Tiffany McClanahan testified that F.W. worked at the Home Depot between August and October 2015. 1T. at 161; 208. During that time she notice various bruising on F.W.

         {¶11} Karen Wambsganss testified that she also noticed bruising to F.W.'s body toward the end of September 2015. 1T. at 168 - 169.

         {¶12} F.W. testified that she told the employees that she fell or got hurt because she did not want to tell them Charles was hitting her. 1T. at 209. F.W. admitted that on November 7, 2015, she called Officer Purtee to tell him that she had lied about Charles hitting her earlier that day. 1T. at 226; 241. She claimed that Charles had told her what to do to make everything go away. Id.

         The Defense Case.

         {¶13} Ernest Warman, Charles' father testified that he worked with Charles on November 4, 2015 and November 6, 2015 in Baltimore, Ohio. 1T. at 272-273. He testified that F.W. was not with them on either day.

         {¶14} Vickie Harper testified that she was living with the Warman's in November 2015. Ms. Harper testified that F.W. told her that she had to pack her stuff and leave right away. 1T. at 282. She testified,

I asked her what had happened and she said that they had ran into an old friend and that Charles got mad because the old friend had admitted that she had done something that she claimed that she didn't do, and so he started chasing ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.