Court of Appeals of Ohio, Fifth District, Richland
from the Richland County Court of Common Pleas, Case No. 2016
Plaintiff-Appellee GARY BISHOP Prosecuting Attorney Richland
County, Ohio By: JOSEPH C. SNYDER Assistant Prosecuting
Defendant-Appellant BYRON CORLEY
JUDGES: Hon. W. Scott Gwin, P.J. Hon. John W. Wise, J. Hon.
Craig R. Baldwin, J.
Defendant-appellant Phillip Bloodworth appeals his conviction
and sentence from the Richland County Court of Common Pleas
on two counts of assault on a corrections officer.
Plaintiff-appellee is the State of Ohio.
OF THE FACTS AND CASE
On March 14, 2016, the Richland County Grand Jury indicted
appellant on two counts of assault on a corrections officer
in violation of R.C. 2903.13(A) & (C)(3), felonies of the
third degree. At his arraignment on April 7, 2016, appellant
entered a plea of not guilty to the charges.
Subsequently, a jury trial commenced on January 30, 2017.
Appellant represented himself at trial with assistance from
counsel. The following testimony was adduced at trial.
Ohio State Highway Patrol Trooper Bryan Butler testified that
he investigates crimes that occur on state property. He
testified that he received an incident report relating to an
incident that occurred on June 21, 2015 at Mansfield
Correctional Institution involving appellant. The report
indicated that appellant had assaulted two corrections
officers during dinner time while the inmates were getting
food. Trooper Butler testified that he spoke with appellant
and the two officers. He testified that appellant had no
Officer Jamie Vilfer, a correctional officer at the prison,
testified that the prison chow line allows only one inmate at
a time to get his food because "[i]t's extremely
close quarters." Trial Transcript, Volume III at 168. He
testified that on June 21, 2015, he was standing next to
Officer Joseph Sutton, who was checking names off of his
clipboard, and appellant had just come in and received his
tray. According to Officer Vilfer, appellant exited the area
and the next inmates went through the chow line. Appellant
then came back in with his tray in his hand and told the
Officers that he had not received his brownie. Officer Vilfer
testified that all trays were checked physically by Officer
Sutton to ensure tray compliance. Officer Vilfer further
testified that he told appellant that he had already received
his tray and appellant was still chewing the brownie.
According to Officer Vilfer, appellant then shoved his tray
in the window and demanded another brownie. He testified that
Officer Sutton then went to place his open hand on
appellant's shoulder to pat appellant, who was totally
ignoring the Officers, and that appellant turned and struck
Officer Sutton three times in his face with both fists. The
Officer testified that Officer Sutton was hit in the eye and
then twice more in the back of the head.
Officer Vilfer testified that he then deployed OC, a chemical
agent that causes burning to the eyes and irritation to the
lungs and lining of the nose, to get appellant to stop
resisting. Appellant then started running down a hall and
physically ran into the rec door. There was testimony that
appellant then picked up a chair and threw it at the two
Officers. While Officer Vilfer was hit in the shoulder and
the arm, Officer Sutton was hit in the head. According to
Officer Vilfer, he then tried to grab appellant around the
waist so that he could get him onto the floor and place him
in cuffs. Appellant did not comply with repeated orders to
stop fighting. After appellant broke free of Officer
Vilfer's grasp, Officer Sutton gained physical control of
appellant and took him to the ground.
Because there were no video cameras in the hallway, there was
no video of Officer Sutton getting punched. Officer Vilfer
testified that he had no injuries relating to ...