Court of Appeals of Ohio, Fifth District, Richland
from the Court of Common Pleas, Case No. 2018-CR-0070
Plaintiff-Appellee JOSEPH C. SNYDER
Defendant-Appellant JOHN C. O'DONNELL, III
JUDGES: Hon. W. Scott Gwin, P.J. Hon. John W. Wise, J. Hon.
Earle E. Wise, Jr., J.
1} Defendant-appellant Kevin Patton appeals the August 23,
2018 judgment of the Richland County Court of Common Pleas
which revoked his community control. Plaintiff-appellee is
the state of Ohio.
AND PROCEDURAL HISTORY
2} On February 23, 2017, Patton was placed on post-release
control under the supervision of parole officer Nathan Hall.
After absconding from supervision he was charged with escape.
Patton pled guilty to the charge and was placed on two years
community control, also with Hall, on May 8, 2018.
3} On July 18, 2018, Hall was made aware of a police report
involving an assault, and naming the victim as R.C. The
report did not mention the suspects by name, but a witness to
the incident described them as four black men who had fled
the scene in two vehicles - a red Jeep Cherokee and a green
Ford Mustang. Hall recognized the vehicle descriptions as
matching vehicles he had seen at Patton's residence on
numerous occasions. Hall was aware that Patton's
girlfriend drove the Ford Mustang and his sister drove the
4} Based on that knowledge, Hall went to R.C's home and
presented R.C with a photograph of Patton. R.C stated Patton
was one of the four men who assaulted him. He explained that
one of the men had first engaged him in a verbal altercation
and then punched him in the face causing him to fall to the
ground. The other three men then joined the first in kicking
and stomping R.C as he lay on the ground. Castle sustained
injuries to his legs, shoulder, and face.
5} Patton's behavior violated rule one of his rules of
community control, which required Patton to obey all laws,
federal, state and local. Additionally, he was not to
associate with known felons. Hall discovered that one of the
other men involved has a felony record. Hall filed a
probation violation with the trial court and a hearing was
held on the matter on August 22, 2018.
6} At the hearing, Hall testified and to the above outlined
facts. Patton presented testimony from his girlfriend and his
sister, and testified on his own behalf. All three admitted
they were at the scene, but denied Patton's participation
in the assault. Rather, they alleged three persons known to
them assaulted Castle, and they fled the scene because Patton
was on community control and post-release control and could
not be involved in the altercation per the rules of his
7} After hearing the evidence, the trial court found Patton
guilty of violating his community control by committing an
assault, but not guilty of associating with a felon. The
trial court revoked Patton's community control and
sentenced him to six months for escape and imposed his
remaining 18 months post release control time for an
aggregate total of two years.
8} Patton filed an appeal and the matter is now before this
court for ...