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 DONOVAN HILL
John W. Wise, P. J. Hon. W. Scott Gwin, J. Hon. William B.
Appellant Mushsen A. Shilbaya appeals his conviction on one
count of kidnapping and one count of gross sexual imposition
following a jury trial in the Stark County Court of Common
Appellee is the State of Ohio.
OF THE FACTS
On November 15, 2016, the Stark County Grand Jury indicted
Appellant, Mushsen A. Shilbaya, on one count of kidnapping, a
violation of R.C. §2905.01(A)(4), a second-degree
felony, and one count of gross sexual imposition, a violation
of R.C. §2907.05(A)(1), a fourth degree felony.
Appellant's charges arose from an incident where
Appellant, who was working as an Uber driver on the night in
question, picked up a fare, CD., who reported that he drove
her to a place against her will and forced her to masturbate
On June 19, 2017, a jury trial commenced in this matter.
At trial, the jury heard testimony from the victim CD.,
Detective Aaron Williams and Appellant.
CD. testified that on July 10, 2016, she went to downtown
Canton with a group of people to "catch Pokemon."
Her husband was not with her because he had to work. The
Pokemon plan fell through, and the group instead went to
George's Bar where she had a burger and a drink. Next,
CD. took a cab to another Canton bar, Mike's, where she
was joined by her son and her sister. When Mike's closed
for the evening, CD. walked to the nearby White Crown,
another Canton bar. She recalled that she had one drink
there. She stated that she tried to call an Uber to take her
home, but that she had trouble getting through because it was
peak time for Uber rides. (T. at 151-167).
CD. testified that she did not receive a notification text
from Uber when her driver arrived. She said that instead, her
driver, Appellant, came into the bar to get her. CD. stated
that she had used Uber many times over the past year and felt
safe with the service. She said that she followed Appellant
to his car and got into the backseat. She testified that she
told Appellant where her home was, but that Appellant just
drove around, missing turns and not following her directions.
She claims that she initially thought Appellant was running
up the tab during the peak time by driving around in this
manner. She said that Appellant eventually completed a loop
and returned to the White Crown. She testified that she got
out of the car and went back into the bar to see if any of
her friends were still there who could give her a ride home.
She said that because her friends had left, she returned to