Court of Appeals of Ohio, Fifth District, Ashland
from the Ashland County Court of Common Pleas, Case No.
Plaintiff-Appellee CHRISTOPHER R. TUNNELL Prosecuting
Attorney By: VICTOR R. PEREZ Assistant Prosecuting Attorney
Defendant-Appellant CHRISTINA I REIHELD
JUDGES: Hon. W. Scott Gwin, P.J. Hon. John W. Wise, J. Hon.
Craig R. Baldwin, J.
Defendant-appellant Jonah A. Locke appeals his conviction and
sentence from the Ashland County Court of Common Pleas on
three counts of public indecency. Plaintiff-appellee is the
State of Ohio.
OF THE FACTS AND CASE
On May 12, 2016, the Ashland County Grand Jury indicted
appellant on three counts of public indecency in violation of
R.C. 2907.09(A)(1). While two of the counts were felonies of
the fifth degree, the other count was a misdemeanor of the
first degree. At his arraignment on May 20, 2016, appellant
entered a plea of not guilty to the charges.
Subsequently, a jury trial commenced on April 18, 2017. At
the trial, Leann Love testified that she lived on Vine Street
and was outside cleaning her car on April 25, 2016 at
approximately 3:00 p.m. when she made eye contact with a man
who was shirtless and wearing sweatpants. After the man
crossed the street and started to approach her, Love walked
to the back of her house. She identified appellant at trial
as the man. According to Love, the two met in her backyard.
When the man was closer to the front of Love's house, she
went into the house and locked the doors because she was
nervous. The man then walked away.
Later the same day, Love saw on Facebook that the Sheriffs
Office were looking for the man that she had observed in her
neighborhood. She called the police and told them that their
description of the man was "off. The police description
described the man as Hispanic and "a lot taller and
bigger than the person that I saw." Trial Transcript at
107. Love was unable to identity the person who she had seen
when shown two different sets of photo lineups. After the
police arrested a suspect, they contacted Love and asked her
to look at the man's picture online. Love looked online
and identified appellant as the person who she had seen on
that day. At trial, she testified that she was 100% sure that
appellant was that person.
On cross-examination, Love testified that she had described
the man to police as white, between 5'8" and
5"10" with a pock marked face and wearing dark
pants with a white shirt over his head. On redirect, she
testified that she picked appellant's picture out of 40
C.K. testified that she was ten years old on April 25, 2016
and was at her house sitting on a trampoline in her backyard
on Vine Street. She testified that a man who was shirtless
wearing sweatpants with a dark blue sweatshirt tied around
his head was walking around her garage heading towards her.
The man walked around the garage once towards Vine Street and
then came back. C.K. testified that the man told her to look
and that when she did, the man pulled down his pants and was
not wearing any underwear. She testified that she saw the
man's penis and became scared. C.K. identified appellant
in court as the man. She further testified that she picked
appellant out of a photo lineup shown to her by the police
and was "very sure" that appellant was the man.
Trial Transcript at 123. C.K. later testified that she was
able to see the man's face and that appellant was the
The next witness to testify was Bruce Cassidy. He testified
that he lived in the Barbara Lanes Apartments and that, on
April 25, 2016, when he was backing out of his parking spot,
he noticed appellant walking down the sidewalk behind the
vehicles. He testified that appellant had a ponytail and was
wearing dark clothes. Cassidy testified that he had not seen
appellant before and did not see him again.
Kedrick Brown next testified that on April 25, 2016, he was
at his home on Sloan Avenue. He testified that he saw
appellant wearing dark sweatpants with a shirt tied around
his head walking around the Barbara Lanes Apartments in his
backyard. Brown testified that he saw appellant exposing
himself to the two little neighbor girls. According to Brown,
appellant was "waiving his penis, he wanted them to see
what he had." Trial Transcript at 141. He testified that
the girls then took off running towards the house terrified
while appellant walked towards the back of Barbara Lane.
Brown was unable to identify appellant out of the first photo
lineup shown to him by police, ...