Criminal Appeal from the Court of Common Pleas, Case No. 2016
Plaintiff-Appellee JOHN D. FERRERO PROSECUTING ATTORNEY
RONALD MARK CALDWELL ASSISTANT PROSECUTOR
Defendant-Appellant MATTHEW A. PETIT
JUDGES: Hon. John W. Wise, P. J., Hon. W. Scott Gwin, J.,
Hon. Craig R. Baldwin, J.
Defendant-Appellant Richard A. Poole appeals his conviction
for felony domestic violence in the Court of Common Pleas,
Stark County. Appellee is the State of Ohio. The relevant
facts leading to this appeal are as follows.
On November 4, 2016, officers from the Canton City Police
Department were dispatched to a reported disturbance at a
residence in the 1200 block of 10th Street N.W. The two
responding officers, upon arrival, observed visible injuries
on the person of Jennifer Z., appellant's former
girlfriend and the mother of four of his children. Jennifer
told the officers that appellant had physically assaulted
her, as further discussed infra.
Annie Poole, appellant's mother, lived at the aforesaid
residence. She told the officers that she had to physically
intervene during the struggle between Jennifer and appellant.
Appellant had an odor of alcoholic beverage about his person,
but when he came upon the officers, he was generally
cooperative with them and did not try to flee. Tr. at
156-157. However, appellant made no admissions to hitting or
On December 12, 2016, Appellant Poole was indicted on one
count of domestic violence (R.C. 2919.25(A)/(D)(4)), a felony
of the third degree (based on an allegation of appellant
having two or more prior domestic violence convictions). He
subsequently entered a plea of not guilty.
Appellant filed for discovery and a bill of particulars on
December 23, 2016. Counsel for appellant filed a request for
a competency evaluation on January 9, 2017.
At a hearing on March 27, 2017, appellant and the State
stipulated to a competency report that had been finalized on
February 23, 2017. The trial court adopted same, and
appellant was thus found competent to stand trial.
The matter proceeded to a jury trial on April 18, 2017.
Although Jennifer, the victim, and Annie, appellant's
mother, both testified to versions of events varying from
what they had initially told the police, the jury found
appellant guilty of domestic violence as charged after
hearing the evidence.
On April 25, 2017, appellant was sentenced inter