Court of Appeals of Ohio, Second District, Montgomery
Criminal Appeal from Municipal Court Trial Court Case No.
B. DANIELS, Atty. Reg. No. 0084957, Assistant City of Dayton
Prosecuting Attorney, Attorney for Plaintiff-Appellee
CHRISTOPHER C. GREEN, Atty. Reg. No. 0077072, Attorney for
1} Defendant-appellant Baponkoun Some appeals from
his conviction for domestic violence. Some contends that the
conviction was against the manifest weight of the evidence.
2} We conclude that there was competent, credible
evidence upon which the trial court could have relied in
finding that Some committed the offense of domestic violence.
We further conclude that the trial court, as the trier of
fact, did not clearly lose its way in convicting Some.
Accordingly, the judgment of the trial court is affirmed.
Facts and Procedural History
3} Some was charged with domestic violence and
assault following an altercation with his wife, Benewende
Zombre. The matter proceeded to a bench trial during which
Zombre testified that she and Some were married in Africa
in 2012, and had two children at the time of the trial. She
testified that on December 26, 2017, at her home, she entered
the bathroom and discovered her husband masturbating while on
a video cellular telephone call with another woman. The next
day, the family went out to eat and returned home around 3:00
p.m. At that time, Zombre had not spoken to her husband since
the incident the previous day. Some asked Zombre to go into
the bedroom in order to speak. While in the bedroom, Zombre
told Some that she felt he did not love or respect her and
that he was committing infidelity. She stated that she wanted
to leave him. According to Zombre, Some responded by stating
that he had spent a large sum of money to bring her to the
United States from Africa and that she could not leave him.
He also told her that she belonged to him and that if she
tried to leave him "what [she] will see will be [her]
corpse." Tr. p. 10.
4} Zombre testified that she attempted to leave the
bedroom, but Some began to slap and hit her. Some also used
his head to strike Zombre on the forehead. Zombre testified
that she was knocked to the floor. She testified that she
stayed on the floor the remainder of the night and that Some
continued to hit her.
5} Zombre testified that, on the following day, Some
ordered a pizza. When the delivery driver arrived, Zombre
rushed to the door and indicated to the delivery driver that
she was "in distress." Tr. p. 14. She testified
that when Some put the pizza down, she was able to run out of
the home. The driver let Zombre into the delivery car and
took her to the pizza restaurant.
6} Dayton Police Officer David Lane testified that
on December 28, 2017, he was dispatched to Happy's Pizza
on Salem Avenue for a domestic violence call. Upon arriving
at the restaurant, Lane met with Zombre. Lane used
"Google Translate" on his cellular telephone in
order to communicate with Zombre. Lane was able to ascertain
that Zombre was married and that she had been involved in an
argument with her husband regarding Some's phone call
with another woman. Lane noticed, and photographed, a knot on
the left side of Zombre's forehead.
7} Some also testified at trial. He testified that
on December 27, Zombre had his cellular telephone when a
woman called him. He claimed that the call made Zombre
extremely angry. Some testified that Zombre stated that she
wanted to end the marriage and that she threatened to call
the police to report an argument in order to get Some in
trouble. He testified that when the pizza arrived on December
28, Zombre tried to push him. He testified that he resisted
and held the door because there was "snow at the door
[and he] didn't want to fall in the snow." Tr. p.
54. Some testified that, when he signed for the pizza, he
went into the house and Zombre walked out. During
cross-examination, Some testified that no violent acts
occurred and that no one had been injured on the dates in
8} The trial court found Some guilty as charged.
During sentencing, the court merged the assault and domestic
violence charges, and the State elected to proceed on the
domestic violence conviction for purposes of sentencing. The
trial court sentenced Some to 180 days in jail. The court
credited Some for six days previously served and suspended
the balance of the jail term. The court placed Some on
supervised probation for a term of one year with the
requirements that Some undergo a drug and alcohol assessment
with attendant treatment and complete the Stop the Violence
program. The court assessed a fine of $50 and ordered Some to
pay court costs.