Court of Appeals of Ohio, Fifth District, Licking
from the Licking County Municipal Court, Case No. No. 17 CRB
Plaintiff-Appellee J. MICHAEL KING Assistant Law Director
Defendant-Appellant KEVIN J. GALL Burkett & Sanderson,
William B. Hoffman, P.J., Hon. Patricia A. Delaney, J., Hon.
Craig R. Baldwin, J.
Appellant, Joseph Bilyk, appeals his conviction for domestic
violence, a violation of R.C. 2919.25(C) and a fourth degree
misdemeanor, in the Licking County Municipal Court. Appellee
is the State of Ohio.
AND PROCEDURAL POSTURE
Appellant and Jill Herrington-Bilyk have been married for 2
years, have an 18-month-old daughter and, at the time of the
incident that forms the basis of the charges, they resided
together in Licking County. Ms. Herrington-Bilyk had planned
to go to appellant's parents' home with her daughter
on February 24, 2017 after she finished work. She was
preparing to leave for work and to take her daughter to the
babysitter when appellant asked her for money. She refused
and the appellant became angry. She testified that appellant
grabbed her by the upper body, threw her to the bed, and
started shaking her violently while she was on the bed. He
started screaming wordlessly, putting his face close enough
to his wife's face that she felt as if he were spitting
on her while yelling. The child was on the same bed and was
crying during the confrontation.
When appellant released Ms. Herrington-Bilyk, she grabbed her
daughter and fled in fear without putting shoes or a coat on
the child. She delivered the child to the babysitter and went
to the Johnstown Police Department where she discovered that
she lived outside the Village, so the Licking County
Sheriff's Office had jurisdiction. She contacted the
Sheriff's office and Deputy Brill responded and spoke
with her. During his testimony, Deputy Brill recalled that
Ms. Herrington-Bilyk was disheveled, upset and clearly had
Appellant denies any argument took place, that he was
screaming or that he shook his wife. He contends there was
some discussion about whether the parties' daughter
should be taken to the babysitter that day, or whether he
should watch their daughter and deliver her to Ms.
Herrington-Bilyk at her place of work. Appellant testified
that he was aware that his wife and daughter were going to
Youngstown after his wife finished work. However, in a
handwritten statement made by appellant after he was arrested
he stated that "my wife mentioned that she was leaving
town with my 19 month old daughter but would not give further
details about the trip." (Defendant's Exhibit A).
Within the same statement he contended "we raised our
voices, " but during his testimony when asked whether
his voice was elevated he responded "barely we were more
condescending may be a little irritated towards each other
but there was no yelling or I mean it just it did not
happen." (Transcript, P. 100, lines 6-8).
Mr. Bilyk was charged with one count of domestic violence in
violation of R.C. 2919.25(C) a misdemeanor of the fourth
degree. He was arraigned on February 27, 2017 and, on July
31, 2017, the case was presented to a jury. He was found
guilty and sentenced to 17 days in jail, with credit for 3
days served, and fined $250.00.
On September 19, 2017 appellant requested leave to file an
untimely notice of appeal and on November 2, 2017 we granted
his motion. Appellant filed his notice of appeal and
submitted two assignments of error:
I. THE DEFENDANT-APPELLANT'S CONVICTION FOR DOMESTIC
VIOLENCE BY THREATS WAS NOT SUPPORTED BY SUFFICIENT EVIDENCE.
II. THE CONVICTION OF THE DEFENDANT-APPELLANT FOR DOMESTIC
VIOLENCE BY THREATS WAS AGAINST THE ...