Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Thyot

Court of Appeals of Ohio, First District, Hamilton

February 21, 2018

STATE OF OHIO, Plaintiff-Appellant,
v.
ERNEST L. THYOT, Defendant-Appellee.

         Criminal Appeals From: Hamilton County Trial No. C-16TRC-31463A/B Municipal Court

          Joseph T. Deters, Hamilton County Prosecuting Attorney, and Scott M. Heenan, Assistant Prosecuting Attorney, for Plaintiff-Appellant,

          Raymond T. Faller, Hamilton County Public Defender, and Joshua A. Thompson, Assistant Public Defender, for Defendant-Appellee.

          OPINION

          Mock, Presiding Judge.

         {¶1} Plaintiff-appellant, state of Ohio, appeals from the decision of the Hamilton County Municipal Court granting the motion in limine filed by defendant-appellee Ernest L. Thyot. We find merit in the state's sole assignment of error, and therefore, we reverse the trial court's judgment and remand the cause for further proceedings.

         I. Facts and Procedure

         {¶2} The record shows that Thyot was charged with operating a motor vehicle while under the influence of alcohol under R.C. 4511.19(A)(1)(a) and driving under suspension under R.C. 4510.11(A). He filed a motion in limine seeking to exclude a video taken from a Thornton's gas station purportedly showing him operating a motor vehicle on the date in question.

         {¶3} At a hearing on the motion, the state presented the testimony of Tom Tegenkamp, a regional manager for Thornton's Oil Co. He supervised eight stores, including store 560, located at 12185 Princeton Pike. He was familiar with that store because he had helped open it about a year prior to the hearing.

         {¶4} Tegenkamp was also familiar with the store's surveillance system, which he had used in the past for "various investigations and that sort of thing." He testified that it was a "continuous recording closed-circuit surveillance system, " meaning that there were 12 to 16 cameras at each store, which were recording "24 hours a day, seven days a week." Tegenkamp was one of three people who could access the system, and the videos were made in the ordinary course of business.

         {¶5} The system stored all recordings on the hard drive, which was kept for 90 days. The hard drives were stored in the office at the site. If a recording had to be saved longer than 90 days, it was burned onto a DVD or stored on a flash drive.

         {¶6} Tegenkamp identified a frame of a video on a DVD as a "video of our fueling areas in front of * * * Store 560." He also testified that the video was taken on July 4, 2016, at 9:00 in the evening. He knew the date and time because it was "superimposed on the bottom of the picture, right below the picture." He indicated that there had been no problems with the recording system in the past and that he had no reason to believe the time and date were inaccurate.

         {¶7} Tegenkamp acknowledged that he was not present when the video was recorded, and that he had no personal knowledge of the events that appeared in the video. He was also not the individual who had burned the video onto a DVD.

         {¶8} Following the hearing, the trial court granted Thyot's motion in limine. The court noted that the state had to prove that the video tape "fairly, truly and accurately" depicted what it purported to depict and that the "condition of the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.