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State v. Bloodworth

Court of Appeals of Ohio, Fifth District, Richland

December 19, 2017

STATE OF OHIO Plaintiff - Appellee
v.
PHILLIP BLOODWORTH Defendant-Appellant

         Appeal from the Richland County Court of Common Pleas, Case No. 2016 CR 0159.

          For Plaintiff-Appellee GARY BISHOP Prosecuting Attorney Richland County, Ohio By: JOSEPH C. SNYDER Assistant Prosecuting Attorney

          For Defendant-Appellant BYRON CORLEY

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

          OPINION

          BALDWIN, J.

         {¶1} 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.

         STATEMENT OF THE FACTS AND CASE

         {¶2} 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.

         {¶3} 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.

         {¶4} 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 injuries.

         {¶5} 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.

         {¶6} 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.

         {¶7} 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.

         {¶8} 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 ...


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