APPEALS from the Franklin County Municipal Court Nos.
Zachary M. Klein, City Attorney, and Isaac J. Rinsky, for
W. Barstow, for appellant Tracy Davenport.
and Meade, LLC, and Darren L. Meade, for appellant Destiny
1} Defendants-appellants, Tracy Davenport and
Destiny Jones, appeal from judgments of conviction and
sentence entered by the Franklin County Municipal Court
following a jury trial. For the following reasons, we affirm.
2} On January 8, 2018, Davenport was charged by
complaint in Franklin M.C. No. 18CRB465 with criminal
damaging or endangering in violation of R.C. 2909.06(A)(1), a
misdemeanor of the first degree, and assault in violation of
R.C. 2903.13(A), a misdemeanor of the first
degree. On the same day, Jones was charged by
complaint in Franklin C.P. No. 18CRB464 with assault in
violation of R.C. 2903.13(A), a misdemeanor of the first
degree. All charges arose from an incident
occurring on May 18, 2017. Upon motion of the prosecution and
by agreement of the parties, the charges against Davenport
and Jones were consolidated for purposes of trial.
3} Following a jury trial, Davenport was acquitted
of assault, but found guilty of criminal damaging or
endangering. Jones was found guilty of assault. The trial
court filed judgment entries in accordance with the jury
verdicts. Thereafter, the trial court sentenced Davenport and
Jones in accordance with law.
4} Davenport and Jones separately appealed their
convictions. Davenport's appeal was docketed under case
No. 18AP-393; Jones' appeal was docketed under case No.
18AP-395. This court sua sponte coordinated the cases for
purposes of oral argument. Accordingly, we shall address
appellants' appeals together.
5} The state presented the following evidence at
trial. Shatoya Snow testified that her mother, Lisa Snow,
lived in an apartment complex on Hanford Street. Davenport
lived in a different building in the same apartment complex.
Although Shatoya had seen Davenport and her daughter, Destiny
Jones, around the neighborhood, neither she nor her mother
were friends with them.
6} Late in the afternoon on May 18, 2017, Shatoya
drove past Davenport's apartment on the way to Lisa's
apartment. Shatoya observed Jones standing in the doorway of
Davenport's apartment. Shatoya continued the short drive
to Lisa's building and stopped in front of it. Lisa
exited her apartment and got in the passenger side of
Shatoya's car. Neighborhood logistics required Shatoya to
exit the apartment complex the same way she entered, which
again involved driving past Davenport's apartment. When
Shatoya stopped at the stop sign at the intersection of
Hanford Street and Burstock Road, she saw Jones run out of
Davenport's apartment "coming straight towards my
car" with "a weapon in her hand." (Tr. at
146.) Shatoya exited her car in order to stop Jones from
hitting it with the weapon. As Shatoya and Jones "were
coming up to each other," Lisa exited the car; Davenport
came "around the corner [with] another girl * * * and
maybe a guy." Id. at 147-48. Davenport carried
a metal pole with her; she and the other two people
approached Lisa and "were trying to attack her."
Id. at 148.
7} Shatoya retrieved a taser from her car. She
activated it, and the group "stepped back"
momentarily. Id. at 150. However, when Shatoya
returned to her car, the female that was initially with
Davenport was standing near the open driver's side door.
Id. Jones joined the female and the two pinned
Shatoya against the open car door. According to Shatoya, her
back was toward the door; the female was "in front"
of her and Jones was "on top" of the female.
Id. at 151. Both the female and Jones struck Shatoya
repeatedly. While Shatoya was still pinned against her car,
Davenport struck her in the forehead with the metal pole.
8} Shatoya further testified that Davenport struck
the passenger side window of her car with the metal pole;
Jones removed the car keys from the ignition and threw them
into a storm sewer. After Davenport and Jones left the scene,
Shatoya went to a neighbor's house to call the police.
9} At some point after the incident, Shatoya was
contacted by a woman who claimed to have taken a cell phone
video at the scene. The woman emailed the video to Shatoya.
Shatoya testified that the video "fairly and accurately
depict[ed] what happened at [the] scene." Id.
10} During Shatoya's testimony, the state played
the cell phone video for the jury. (State's Ex. 3.) The
video depicts the neighborhood where the incident took place.
A car is parked at the stop sign; both front doors are open.
A woman wearing a light green top is walking near the
driver's side of the car. A woman wearing a gray top is
fighting with a woman wearing black leggings and a red top.
The woman in the red top eventually pins the woman in gray
against the open driver's side door of the car. A woman
wearing a white top joins the woman in the red top in pinning
the woman in gray against the car door. A woman dressed in
all red is carrying a metal pole; she briefly stands next to
the driver's side door of the car. At this point, the
video depicts a pole being swung on the driver's side of
the car; a loud noise is heard emanating from that area. The
woman in all red walks around the back of the car to the
passenger side; she then walks to the front of the car and
hits the hood with the metal pole. At this point, the woman
in gray is still pinned against the driver's side door by
the woman in the red top. The video also depicts the woman in
all red retrieve a purse from the car and throw it on the
ground. The woman in the white top picks up the purse and
throws it into a nearby storm sewer. As she walks back toward
the car, she punches the woman in the light green top.
11} Shatoya identified the woman in gray as herself,
the woman in light green as Lisa, the woman in all red as
Davenport and the woman in the white top as Jones. She did
not know the identity of the woman who initially pinned her
against her car. Shatoya further identified the noise heard
in the video as "Ms. Davenport busting the side of my
windows." (Tr. at 165.)
12} Shatoya testified that the metal pole striking
her car caused damage to it. She also testified that she and
others were "[a]ctually touching the vehicle" while
the windows were being smashed out. Id. at 169. She
stated that she was "sitting on" the vehicle
"when the pole came down." Id.
13} On cross-examination, Shatoya admitted that in
her statement to police following the incident, she did not
identify Jones as one of the people who attacked her.
Id. at 178. She also stated that she could not
"recall" telling the police that it was Jones and
not Davenport who struck her with the metal pole.
14} Lisa Sn0w also testified about the events of May
18, 2017. Lisa averred that Shatoya picked her up in front of
her apartment on Hanford Street. As Shatoya drove down the
street, Jones "came running out of somewhere, hollering,
'Stop.'" Id. at 188. When Shatoya
stopped her car, "[p]eople just came flying out of
nowhere." Id. She and Shatoya exited the
vehicle; both stood on the driver's side of the car.
According to Lisa, "[t]here was just so much chaos that
day." Id. At one point, she saw Shatoya
"fighting Destiny and some other girl."
Id. Lisa described the fight as occurring "at
the corner of [Shatoya's] car door." Id. at
189. Davenport swung a metal pole she was carrying at Lisa.
Lisa caught the pole in her hand; however, Davenport
"backed up and swung again," hitting Lisa in the
lip. Id. Thereafter, Lisa saw Davenport "trying
to bust out the windows in the car with the pole."
Id. at 192. Davenport then grabbed Shatoya's
keys and purse from the car and threw them on the ground;
Jones threw the items into a storm sewer.
15} According to Lisa, Shatoya then went to a
neighbor's house; Lisa began walking toward her house.
Two men approached Lisa and lifted up their shirts in an
apparent effort to show her they had guns tucked in the
waistbands of their pants. When Shatoya shouted that the
police were coming, the two men ran away.
16} During Lisa's testimony, the state again
played the cell phone video for the jury. She identified
Jones and another woman "fighting Shatoya up at the
corner of [Shatoya's] car." Id. at 196. She
also identified Davenport as holding a metal pole; a sound on
the video was of Davenport "busting windows out."
Id. at 197. She further identified Jones as the
person who "swung on [her]." Id. at 199.
She testified that although she could not recall if Jones
merely attempted to strike her or whether Jones made actual
contact with her, the video established that Jones
successfully struck her. Id.
17} On cross-examination, Lisa admitted that she
told the police after the incident that she was seated in
Shatoya's car when Davenport broke the car windows, but
that the video ...