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State v. Davenport

Court of Appeals of Ohio, Tenth District

June 11, 2019

State of Ohio, Plaintiff-Appellee,
v.
Tracy Davenport, Defendant-Appellant. State of Ohio, Plaintiff-Appellee,
v.
Destiny Jones, Defendant-Appellant.

          APPEALS from the Franklin County Municipal Court Nos. 2018CRB465, 2018CRB464

         On brief:

          Zachary M. Klein, City Attorney, and Isaac J. Rinsky, for appellee.

         Argued:

          Isaac J. Rinsky.

         On brief:

          Todd W. Barstow, for appellant Tracy Davenport.

         Argued:

          Todd W. Barstow.

         On brief:

          Parks and Meade, LLC, and Darren L. Meade, for appellant Destiny Jones.

          DECISION

          KLATT, P.J.

         {¶ 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.[1] 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.[2] 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. at 157.

         {¶ 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. Id.

         {¶ 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 ...


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