Court of Appeals of Ohio, First District, Hamilton
Criminal Appeal From: Hamilton County Municipal Court Trial
Boggs Muething, City Solicitor, Natalia Harris, City
Prosecutor, and Jon Vogt, Assistant City Prosecutor, for
Anzelmo, for Defendant-Appellant.
Shawnay Glover appeals her conviction, after a jury trial,
for assault. In three assignments of error, Glover contends
that the trial court improperly required her to prove
self-defense, that her conviction is based on insufficient
evidence, and that her conviction is against the manifest
weight of the evidence. Finding her assignments of error
without merit, we affirm the trial court's judgment.
Shawnay Glover was charged with one count of assault for an
altercation with Erica Jackson, the mother of Glover's
boyfriend's son. Glover, her daughter, and her boyfriend
Joshua Nettles were at the home of his parents, Patricia
Collier and Albert Beecher. They were awaiting the arrival of
Nettles's son Josh for his weekend visit. When Josh still
had not arrived by approximately 9:30 p.m., Glover and
Nettles went to a drive-thru to get dinner. Jackson arrived
at the home while the two were gone.
Erica Jackson's Testimony
Jackson testified that when she arrived, Collier and
Glover's daughter were sitting on the porch. As she
approached Collier, she smelled alcohol. Jackson testified
that she was upset that Glover's daughter was there
because she does not like Glover and does not want her son
around her. Jackson decided to take her son and leave. As
Jackson turned to go down the steps, Collier rushed her and
punched her in the face. Jackson hit her back, and the two
began to fight. Collier demanded that Jackson give her back
the shoes Josh was wearing, so she removed the shoes and
threw them in the grass.
Jackson left with her son, but after walking almost two
blocks, he started crying because his feet hurt. Jackson went
back to Collier's home to retrieve the shoes. Collier
approached her again and punched her in the face twice. As
she was putting the shoes on her son, she heard a car pull up
behind her. When she turned around, Nettles was holding her
by the throat.
According to Jackson, Nettles accused her of hitting his
mother, which she promptly denied. Jackson grabbed his
throat, and he slammed her to the ground. He pinned her down
from the back of her neck, and repeatedly kicked her in her
face. Then Glover entered the fray, sat on Jackson's
shoulder, and began to punch her in the face. Nettles
continued to stomp on her face, while Glover continued to
punch her in the face. Glover punched her over 20 times.
Nettles finally let her up, and she grabbed her son and left.
She walked to a friend's house and called the police.
Officer Aubrey Pitts responded, and took photographs of her
wounds. Jackson was arrested and charged with assaulting
Collier. Pitts took her to the hospital where she was treated
for her wounds. After her release, Jackson was taken to jail,
charged, and released. Four or five days later, Officer
Blackwell came to her home and took additional pictures.
Officer Aubrey Pitts's Testimony
Officer Pitts testified that she responded to Collier's
home to investigate an alleged assault on Collier. While
Pitts was investigating Collier's assault, a second call
came in from Jackson. Pitts responded to that call because of
Collier's complaint against Jackson. When Pitts arrived,
she observed severe bruising and swelling on Jackson's
face, knots on her forehead, and swollen eyes. Pitts took
photographs of the injuries and transported Jackson to the
Pitts made an offense report about the assault against
Jackson because Jackson could only identify her assailant as
"Wink." Pitts forwarded the report to Detective
Carl Blackwell, a police ...