Court of Appeals of Ohio, Twelfth District, Butler
CRIMINAL APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS Case
Michael T. Gmoser, Butler County Prosecuting Attorney,
Michael Greer, Government Services Center, for
N. Blauvelt, 315 South Monument Avenue, Hamilton, Ohio 45011,
HENDRICKSON, P. JUDGE
1} Defendant-appellant, Donald Holmes, appeals his
convictions in the Butler County Court of Common Pleas for
rape and gross sexual imposition. For the reasons described
below, this court affirms Holmes' convictions.
2} A Butler County grand jury indicted Holmes on one
count of rape, a violation of R.C. 2907.02(A)(1)(b), a
first-degree felony, and one count of gross sexual
imposition, a violation of R.C. 2907.05(A)(4), a third-degree
felony. The indictments stemmed from allegations that Holmes
raped F., his 12-year-old relative.
3} The matter proceeded to a jury trial. F.
testified that she lived in the Toledo area with her
grandparents and older sister. In the summer of 2016, F. and
two younger stepbrothers stayed briefly at the Hamilton, Ohio
home of their Aunt Crystal and her husband, Holmes.
4} The evening after the children arrived in
Hamilton, Crystal - who worked overnight - went to work and
left Holmes to watch the children. Late that evening, Holmes
provided the children with drinks and they played a game
called "quarters." F. testified that her drink
smelled "weird" and tasted "gritty" and
that she felt disoriented.
5} Sometime after midnight, F. laid in her bed in
the basement. Holmes laid beside her and began touching her
breasts and kissing her neck. F. "didn't think it
was okay" and went upstairs. Holmes followed her into a
hallway, picked her up by her hips, carried her into his
bedroom, and placed her on the bed.
6} Holmes took off most of F.'s clothes. He
kissed her belly, hips, and vagina. He then had sexual
intercourse with F. F. thought Holmes used a condom. F.
described feeling limp and in a state of shock during this
event. A nurse testified that young rape victims often
describe an inability to fight back or the sensation of their
body shutting down during the assault.
7} Afterwards, Holmes went to the bathroom. F., who
did not have her own cell phone, took Holmes' phone off
his dresser and went downstairs to the basement. F. said that
she composed a lengthy text message to her Aunt Crystal about
what had just occurred but it failed to send.
8} Holmes confronted F. about what she was doing
with his phone. F. then went upstairs and entered the
bathroom. She jumped out of the bathroom window and ran to a
9} The neighbor testified that at approximately 3:00
a.m. she received a knock at her door and heard a young
female voice asking to be let in and saying that she had been
raped. The neighbor would not open the door but said that she
would call the police.
10} However, the neighbor turned off the porch light
and F. left before police arrived. F. tried to find another
neighbor's house to go to and later saw Holmes leaving
his residence in a vehicle to search for her.
11} F. then went back into the home, intending to
wake her brothers and tell them police were en route.
Meanwhile, Holmes returned to the residence. F. hid but
Holmes found her, told her he would not hurt her, and allowed
her to use his cell phone to place a call to Crystal. Because