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State v. Bagley

Court of Appeals of Ohio, Second District, Montgomery

August 9, 2019

STATE OF OHIO Plaintiff-Appellee
v.
ANTONETTE BAGLEY Defendant-Appellant

          Trial Court Case No. CRB 1700451 (Criminal Appeal from Municipal Court)

          CHRISTOPHER B. EPLEY, Attorney for Plaintiff-Appellee

          KIRSTIN L. ARNOLD, Attorney for Defendant-Appellant

          OPINION

          FROELICH, J.

         {¶ 1} Antonette Bagley was convicted after a bench trial in the Vandalia Municipal Court of four counts of patient endangerment, a first-degree misdemeanor. Bagley appeals, claiming that her convictions were based on insufficient evidence. For the following reasons, the trial court's judgment will be affirmed.

         I. Factual and Procedural History

         {¶ 2} The evidence at trial established the following facts.

         {¶ 3} In July 2015, Bagley was an employee of Good Samaritan Homes, which provides care for people with developmental disabilities. Bagley was a staff person at a group home with four women. Her duties consisted of ensuring the health and safety of the residents, assisting them with their activities of daily living, providing medication, transporting them to appointments, and the like. Bagley's shift was from 4:00 p.m. to midnight (second shift). Another staff person worked from 1:00 p.m. to 8:00 p.m., and thus the home was double-staffed for the first four hours of Bagley's shift. Bagley worked alone from 8:00 p.m. to midnight. Bagley was relieved by Jennifer Wheeler, who worked at the group home from midnight to 8:00 a.m. (third shift).

         {¶ 4} Roshawnda Smith, home manager at Good Samaritan Homes, testified that staff persons were not supposed to leave until they were relieved by the next staff person. When the next shift arrives, the two staff people were to count the money in the home, do a walk-through of the house together, and discuss anything from the shift that the relief staff needed to know. Smith stated that staff were trained to follow a chain of command to obtain coverage if an emergency arose and the staff person needed to leave unexpectedly. Smith emphasized that the residents were to be supervised at all times and were not to be left alone. Consequently, a staff person was not allowed to leave until a replacement arrived.

         {¶ 5} The group home where Bagley and Wheeler worked was a three-bedroom, single-floor home. Wheeler described the home as having a foyer, living room, dining room, den, and back patio. Staff were permitted to smoke at the end of the driveway away from the house, but only if another staff person were present to supervise the residents.

         {¶ 6} The women at the group home had individual service plans (ISPs), which detailed their disabilities and how staff was to provide services for them; two of the ISPs were admitted as exhibits. The ISP for one resident indicated that she had the following diagnoses: mild mental retardation, spastic quadriplegia, history of seizure disorder, cerebral palsy, flexion contractures of hips and knees, stasis edema, hypertension, degenerative arthritis, dysfunctional uterine bleeding, hyperglobulinemia, constipation, and osteoporosis. This resident's condition rendered her entirely dependent on staff to get up, dress, eat, shower, take medications, and address her bodily functions.

         {¶ 7} The other three women were ambulatory, but prone to falling; Smith testified that "they trip and fall, they fall a lot." The second ISP indicated that one of these three residents had mental retardation, anxiety, panic attacks, hidradenitis, seizures, cellulitis, and was recently diagnosed with Parkinson's Disease. None of the women was able to cook for herself. Staff assisted all the women with cooking, bathing, medication, and when they needed to use the bathroom during the night.

         {¶ 8} On July 29, 2015, Bagley clocked in at 5:24 p.m., which was nearly 90 minutes late. She did not clock out. Smith testified that the women in the group home took medicine at 7:00 p.m., went to bed at 8:00 p.m., and were asleep by 8:30 p.m. Bagley's time card was adjusted for payroll purposes to show that she left at 9:00 p.m., but Smith acknowledged that she did not know when Bagley actually left the home.

         {¶ 9} Wheeler testified that she arrived at the group home at 11:40 p.m. on July 29, 2015 in preparation for her midnight to 8:00 a.m. shift.[1] Wheeler did not see Bagley's vehicle. Wheeler stayed in her car for a few minutes, and then approached the home. She rang the doorbell and knocked on the door (the staff do not have keys to the home), but Bagley did not answer. Wheeler continued to knock on the door and ring the doorbell until one of the residents woke and acknowledged her. That resident called to one of the other women, who let Wheeler in. Wheeler was in the home by 11:50 p.m. or 11:56 p.m. Wheeler walked through the home and checked the patio door (a slider); she did not see Bagley in the home or on the ...


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