Court of Appeals of Ohio, Second District, Montgomery
Appeal from Common Pleas Trial Court Case No. 16-CR-3215
MATHIAS H. HECK, JR., by HEATHER N. JANS, Attorney for
J. O'BRIEN, Attorney for Defendant-Appellee.
1} Pursuant to R.C. 2945.67(A) and Crim.R. 12(K),
the State of Ohio appeals the decision of the Montgomery
County Court of Common Plea granting Calvin Wilson's
motion to suppress. For the following reasons, the trial
court's judgment will be affirmed.
Facts and Procedural History
2} After a suppression hearing, the trial court
found the following facts.
3} At approximately 10:55 p.m. on October 1, 2016,
Dayton Police Officers William Davis and Bryan Camden were
driving eastbound in their marked cruiser on Hoover Avenue.
The conditions were dark and rainy, and the streets were wet,
causing significant glare from the headlights of approaching
traffic; the cruiser's windshield wipers were activated.
The posted speed limit on Hoover Avenue was 35 miles per
4} As the cruiser approached the intersection of
Hoover and Elmhurst, Wilson's vehicle (a 2015 Chevy
Traverse SUV) turned right from Elmhurst onto Hoover in front
of the cruiser. Officer Davis testified that only two or
three car lengths separated the vehicles when Wilson pulled
out and that he (Davis) "had to hit the [brakes] to
avoid running into the rear of [Wilson's] vehicle;"
the trial court found this testimony to be not credible.
Instead, after a review of the cruiser video, the trial court
found that Wilson pulled onto Hoover "no less than 306
feet - or more than eighteen (18) car lengths - in front of
the cruiser." The trial court further stated that
"[a] slamming on of the cruiser's brakes would
necessarily have precipitated a sudden dip of the
cruiser's nose - a dip completely absent on the
video." Rather, the trial court found that the cruiser
"gently decelerated" from a speed of 43 miles per
hour to the posted speed limit.
5} The cruiser followed Wilson's vehicle to the
next intersection, Hoover Avenue and North Gettysburg Road.
Both vehicles stopped in the left turn lane at the traffic
light. The officers remarked to each other about the
out-of-state license plates on Wilson's vehicle (a
rental) and discussed towing Wilson's vehicle. When the
traffic light turned green, both vehicles moved forward to
turn left onto North Gettysburg. At this juncture (over one
and a half minutes after Wilson pulled onto Hoover), the
officers engaged in the following exchange, which the trial
court concluded was "staged":
Davis: "He pulled out there, pulled right in front of
Camden: "He pulled out in front of
Davis: "Had to hit the brakes to avoid * * *."
Camden: "Yeah, they had a - a failure to yield."
(Footnote added.) After both vehicles turned onto Gettysburg,
the officers initiated a traffic stop due to Wilson's