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City of Cleveland v. Calhoun

Court of Appeals of Ohio, Eighth District, Cuyahoga

May 3, 2018

CITY OF CLEVELAND PLAINTIFF-APPELLEE
v.
DAERICO CALHOUN DEFENDANT-APPELLANT

          Criminal Appeal from the Cleveland Municipal Court Case No. 2016 CRB 012670

          ATTORNEY FOR APPELLANT John Corrigan

          ATTORNEYS FOR APPELLEE Barbara Langhenry City of Cleveland Law Director By: Kimberly G. Barnett-Mills Chief Assistant Prosecutor Angela Rodriguez Assistant City Prosecutor

          BEFORE: E.A. Gallagher, A.J., Stewart, J., and Laster Mays, J.

          JOURNAL ENTRY AND OPINION

          EILEEN A. GALLAGHER, ADMINISTRATIVE JUDGE

         {¶1} Defendant-appellant Daerico Calhoun appeals his convictions for domestic violence and endangering children in the Cleveland Municipal Court. For the following reasons, we reverse.

         I. Facts and Procedural History

         {¶2} In June 2016 appellant was charged with domestic violence, endangering children and unlawful restraint. The case proceeded to a bench trial where the following facts were adduced.

         {¶3} On June 22, 2016, appellant's 11-year-old son (hereinafter referred to as "Son") attended the Cavaliers championship parade with his grandmother and appellant's mother (hereinafter referred to as "Grandmother"). After the parade, Grandmother dropped Son off with his mother (hereinafter referred to as "Mother"). Appellant and Mother have been separated for ten years and do not have a relationship beyond their parenting responsibilities for Son.

         {¶4} Appellant and Mother had previously discussed appellant providing Son with $20 for a field trip, and after the parade, Mother took Son to Grandmother's apartment building so that appellant could give Son the money. After Mother parked in the Grandmother's lot, appellant appeared and opened Son's passenger door and confronted him about a lie appellant believed his son had told. Son testified that appellant grabbed his arm, started shaking him and removed him from the car. Appellant yelled at Son about lying and poked him once in the chest.

         {¶5} Mother intervened and demanded that appellant release Son. Mother testified that appellant pushed her away with his forearm and she "kind of went back into the car." Grandmother testified that appellant and Mother were engaged in a tug of war over Son and she demanded they stop fighting. Appellant released Son and engaged in a shouting match with Mother. Son then entered the car, which Grandmother then moved to assist Mother in exiting the parking lot and implored her to leave. Before Mother could leave she was punched in the face by appellant's girlfriend and appellant ordered her to stop. Mother left the scene with Son and reported the incident to police.

         {¶6} The trial court found appellant guilty of domestic violence and endangering children but not guilty of unlawful restraint. The trial court imposed a 180-day jail sentence on both counts with credit for three days served and suspended the remaining jail time. The court imposed one year of active probation with the requirement that appellant attend anger management and parenting classes.

         II. Law and Analysis

         {¶7} In his two assignments of error, appellant argues that the state failed to present sufficient evidence to support his convictions for domestic violence and child ...


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