Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Holmes

Court of Appeals of Ohio, Twelfth District, Butler

May 29, 2018

STATE OF OHIO, Plaintiff-Appellee,
v.
DONALD HOLMES, Defendant-Appellant.

          CRIMINAL APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS Case No. CR2016-12-1840

          Michael T. Gmoser, Butler County Prosecuting Attorney, Michael Greer, Government Services Center, for plaintiff-appellee

          Scott N. Blauvelt, 315 South Monument Avenue, Hamilton, Ohio 45011, for defendant-appellant

          OPINION

          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 neighbor's house.

         {¶ 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 Holmes ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.