Court of Appeals of Ohio, Fifth District, Licking
appeal from the Licking County Court of Common Pleas, Case
Plaintiff-Appellee PAULA SAWYERS Licking County
Defendant-Appellant STEPHEN WOLFE
W. Scott Gwin, P.J. Hon. John W. Wise, J. Hon. Craig R.
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
This Court granted, in part, Warman's motion to reopen
pursuant to App.R. 26(B).
and Procedural History
II: Nov. 19 - Nov. 22, 2015.
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.
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).
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.
I: Nov. 21, 2015.
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.
III: Nov. 4 - Nov. 7, 2015.
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;
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.
IV - Aug. 28, 2015 - Oct. 23, 2015.
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.
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.
Karen Wambsganss testified that she also noticed bruising to
F.W.'s body toward the end of September 2015. 1T. at 168
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.
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.
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 ...