Court of Appeals of Ohio, Eighth District, Cuyahoga
Criminal Appeal from the Cleveland Municipal Court Case No.
2017 TRD 030246
ATTORNEYS FOR APPELLANT Timothy Young State of Ohio Public
Defender BY: Christina Madriguera Assistant Public Defender
ATTORNEYS FOR APPELLEE Barbara Langhenry City of Cleveland
Director of Law BY: Bryan Fritz Assistant City Prosecutor
BEFORE: KILBANE, P.J., STEWART, J., AND JONES, J.
EILEEN KILBANE, PRESIDING JUDGE.
Defendant-appellant, Karen Glaros ("Glaros"),
appeals from her conviction for a violation of Cleveland
Codified Ordinance ("C.C.O") 435.05(a)(1), allowing
a nonlicensed driver to drive ("wrongful entrustment of
a motor vehicle"). For the reasons set forth below, we
reverse and remand.
In October 2017, the city of Cleveland ("the City")
filed a complaint charging Glaros with a single count of
wrongful entrustment. In December 2017, this matter proceeded
to trial before the bench.
The following was adduced at trial through the testimony of
Cleveland Police Officer Charles Holcomb ("Officer
Holcomb"). In September 2017, Officer Holcomb and his
colleagues conducted a driver's license check point. As
part of the check point, Officer Holcomb randomly stopped a
gray Honda. After talking with the driver of the vehicle,
Kent Bowden ("Bowden"), Officer Holcomb determined
that Bowden had a suspended license, and cited him for
driving under suspension.
Eventually, Glaros, the owner of the vehicle, arrived at the
check point. Officer Holcomb cited Glaros, in his words, for
"allowing another person to drive the vehicle who had no
legal right to do so." Officer Holcomb testified that
Glaros told him she had to get back to work, and was in a
hurry to leave. He acknowledged that he did not have much
conversation with Glaros other than advising her that
"[Bowden's license] was suspended, he shouldn't
be driving her car." Officer Holcomb asked Glaros for
her driver's license in order to determine whether she
was the owner of the vehicle. After Officer Holcomb returned
Glaros's license, Glaros got into a cab and left the
Officer Holcomb testified that he was "not a hundred
percent sure what the relationship is between [Bowden and
Glaros]. * * * I just know the car belonged to [Glaros, ] and
[Bowden] * * * was driving it."
At the conclusion of the City's evidence, the defense
moved for acquittal under Crim.R. 29, arguing that
"[t]he City has failed to prove any evidence that
[Glaros] knew the car being in someone else['s] hands.
Also [the City] failed to prove that she knew what that
person's driving status was."
The trial court denied defense counsel's Crim.R. 29
motion, and found Glaros guilty of the single count of
wrongful entrustment. The trial court ordered Glaros to pay a
$1, 000 fine as well as court costs and sentenced her to 180
days in jail, suspending $900 of the fine and the entire jail
sentence. The trial court further ordered Glaros's
sentence to be held in abeyance pending appeal.
It is from this order that Glaros appeals, raising the
following two assignments of error for our review: