Court of Appeals of Ohio, Second District, Montgomery
Criminal Appeal from Municipal Court Trial Court Case No.
B. DANIELS, Attorney for Plaintiff-Appellee.
L. RABOLD, Attorney for Defendant-Appellant.
1} Defendant-appellant Lachashia Price appeals from
her conviction for domestic violence and criminal damaging.
Specifically, she contends that there was insufficient
evidence to sustain the conviction for domestic violence and
that that conviction was also against the weight of the
evidence. We conclude that the State presented sufficient
evidence to sustain the conviction, as there was evidence
from which a rational trier of fact could have found the
essential elements of the offense proven beyond a reasonable
doubt. We further conclude that Price's conviction was
not against the manifest weight of the evidence. Accordingly,
the judgment of the trial court is affirmed.
Facts and Procedural History
2} This case stems from an altercation that occurred
between Price and her half-sister Tieya Price on November 16,
2017. Following an investigation, Price was
charged with domestic violence, assault and criminal
damaging. A bench trial was conducted on June 7, 2018.
3} During the trial, Tieya testified that, on the
date of the altercation, Price and Price's boyfriend,
Jermain Talie, drove to Tieya's home in order to shower.
While there, Price asked Tieya for five dollars in order to
purchase gasoline for her vehicle which she had parked at
Tieya's residence. Tieya informed Price that she did not
have money to give her. Thereafter, Tieya drove both Price
and Talie to their places of employment. Price's vehicle
remained at Tieya's residence. Tieya testified that she
and her teenaged daughter, Lamya Demmons, picked up Price
from her workplace at approximately 7:30 p.m. that same day
and then drove around for several hours. Tieya testified
that, when they returned to Tieya's residence, Price was
upset because Tieya had not loaned her the five dollars she
had requested earlier. According to Tieya, Price detached
Tieya's rearview mirror from the vehicle and hit Tieya in
the face with it. Tieya testified that Price then punched her
in the face. Afterward, Price proceeded to kick Tieya's
vehicle. Tieya testified that Price and Talie then left the
scene and that Tieya then called 911. Tieya testified that,
after the incident, she consumed some alcohol.
4} Demmons also testified that Price hit Tieya in
the face with both the rearview mirror and with her fist. She
further testified that Price kicked Tieya's vehicle.
Demmons denied that her mother had been drinking. Demmons
left the scene before the police arrived.
5} Dayton Police Officer Terrell Moore testified
that he was dispatched to the scene where he met Tieya. Moore
testified that Tieya appeared to have been assaulted and that
she had blood on her face. He testified that Tieya appeared
to be under the influence of alcohol. He also testified that
Price was not at the scene.
6} Dayton Police Officer Karina Sulek testified that
she was also dispatched to the scene. She testified that
Tieya, who was the only party on the scene, appeared to have
used alcohol. Sulek noted injuries and blood on Tieya's
face. Sulek took pictures of Tieya and her vehicle. The
vehicle had a crack to the front bumper and a dent in the
7} Price testified that when Tieya picked her up
from work, Tieya had been drinking alcohol. Price testified
that as the night progressed, Tieya became intoxicated and
appeared angry. At some point, Talie joined the group, which
eventually returned to Tieya's residence and retrieved a
gas can. Price testified that Tieya and Demmons began to
argue in the house; Price and Talie broke up the fight, and
the four then returned to Tieya's car to go get gas for
Price's car. Price testified that she and Talie were in
the back seats of the vehicle.
8} According to Price, as the car pulled out of the
parking lot, Tieya and Demmons began to argue again, and
Tieya stopped the vehicle and attempted to hit Demmons with
the rearview mirror. Demmons exited the vehicle. Tieya put
the car in park, exited, approached Demmons, and the two
began to fight. Price testified that Talie intervened. Price
testified that she and Talie then told Demmons that she could
stay with them for the night and that they would get gasoline
on their own. According to Price, Tieya became angry with her
for intervening, and Tieya spit on and bit Talie. Price
further testified that, as she was attempting to get Demmons
into Price's car, Tieya began to kick the vehicle. Price
testified that she then kicked the back of Tieya's car.
Price testified that she was standing by her own car when
Tieya pulled her hair, hit her, and jumped into Price's
car to attempt to "mess up" the car by shifting the
gears. According to Price, while Tieya was pulling her hair,
Price hit Tieya in self-defense. When the altercation ended,
Price and Talie left the scene in Price's car.
Talie's testimony was similar to Price's. Both Price
and Talie testified that they called the police after the
incident, but they admitted that they never spoke to an
officer. On rebuttal, Demmons denied getting into an argument
with her mother. During her testimony, Tieya also denied
fighting with her daughter.
9} The trial court found Price guilty on all
charges. During sentencing, the trial court merged the
assault and domestic violence charges and proceeded to
sentence Price for domestic violence and criminal damaging.
The court sentenced Price to a jail term of 180 days, all of
which was suspended. The court also imposed five years
community control, restitution, a $50 fine and court costs;
for the first year, Price ...