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State v. Bagwell

Court of Appeals of Ohio, Eighth District, Cuyahoga

August 8, 2019

STATE OF OHIO, Plaintiff-Appellee,
v.
CHARLES BAGWELL, Defendant-Appellant.

          Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-18-629368-A.

         JUDGMENT: AFFIRMED.

          Michael C. O'Malley, Cuyahoga County Prosecuting Attorney, and Andrew T. Gatti and Callista Plemel, Assistant Prosecuting Attorneys, for appellee.

          Michael H. Murphy, for appellant.

          JOURNAL ENTRY AND OPINION

          MARY J. BOYLE, PRESIDING JUDGE.

         {¶ 1} Defendant-appellant, Charles Bagwell, appeals his convictions. He raises three assignments of error for our review:

1. There was insufficient evidence presented to convict the defendant of the charges.
2. The defendant's conviction was against the manifest weight of the evidence.
3. The trial court erred in denying appellant's motion for acquittal pursuant to Ohio Criminal Rule 29, where evidence is not sufficient to support a conviction.

         {¶ 2} Finding no merit to his assignments of error, we affirm.

         I. Procedural History and Factual Background

         {¶ 3} On June 5, 2018, a Cuyahoga County Grand Jury indicted Bagwell for one count of domestic violence in violation of R.C. 2919.25(A), a felony of the third degree; one count of obstructing official business in violation of R.C. 2921.31(A), a felony of the fifth degree; and one count of harassment by an inmate in violation of RC. 2921.38(B), a felony of the fifth degree. Bagwell pleaded not guilty to the charges.

         {¶ 4} Bagwell waived his right to a trial by jury, and the following evidence was presented to the bench.

         {¶ 5} T.N. testified that she dated Bagwell for approximately four years and had lived with him and her mother in a duplex on Bunts Road in Lakewood, Ohio for approximately two and a-half years. She testified that the police came to her home numerous times over the years for arguments between her and Bagwell.

         {¶ 6} T.N. stated that on June 1, 2018, Bagwell and she were in their bedroom when they began arguing. She testified that Bagwell had used cocaine earlier that evening. She said the argument escalated and that Bagwell slapped her across the face. She said that she "saw stars" and put ice on her face because it was "extremely red." T.N. called 911 and told the officer that her boyfriend hit her "so hard that it amplified [her] ear" and that her head was "swelling up." The police arrived, took pictures of T.N. and Bagwell, and arrested Bagwell.

         {¶ 7} On cross-examination, when T.N. was asked about a picture taken of her face shortly after she called police, T.N. agreed that she did not see any red marks, scratching, or bruising.

         {¶ 8} Lakewood Police Officer Michael Patton testified that he was working on June 1, 2018, when he received an assignment to transfer Bagwell from Lakewood Hospital and book him into the jail. He testified that Bagwell was sitting in the common area of the jail as a corrections officer placed a mat into Bagwell's individual holding cell. Officer Patton testified that Bagwell, who was cooperative with officers up until that point, became defiant and refused to go into his cell. Officer Patton said he tried talking to Bagwell and help him to his feet, but that Bagwell refused to move and "lock[ed] his body in an affixed fashion." Officer Patton yelled for other officers to assist in moving Bagwell into the cell. While trying to move Bagwell, Officer Patton testified that Bagwell "locked his legs around the fixed table" and that officers pried his legs off the table. He testified that once they got Bagwell into his cell, Bagwell jumped to his feet, yelled profanities at the officers, and spit at Officer Patton. Officer Patton said that the spit landed on his vest.

         {¶ 9} The state played two videos showing different camera angles of the jail incident and submitted a picture that was taken of Officer Patton's "carrier" showing where the spit landed. The state also submitted journal entries from four prior criminal cases in which Bagwell was convicted of one count of menacing by stalking (Cuyahoga C.P. No. CR-04-459361) and three ...


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