Court of Appeals of Ohio, Eighth District, Cuyahoga
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,
JOURNAL ENTRY AND OPINION
A. GALLAGHER, ADMINISTRATIVE JUDGE
Defendant-appellant Daerico Calhoun appeals his convictions
for domestic violence and endangering children in the
Cleveland Municipal Court. For the following reasons, we
Facts and Procedural History
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
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.
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.
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.
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.
Law and Analysis
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 ...