Court of Appeals of Ohio, Eighth District, Cuyahoga
Criminal Appeal from the Cuyahoga County Court of Common
Pleas Case No. CR-18-629368-A.
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
J. BOYLE, PRESIDING JUDGE.
1} Defendant-appellant, Charles Bagwell, appeals his
convictions. He raises three assignments of error for our
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
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
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,
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 ...