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State v. Glover

Court of Appeals of Ohio, First District, Hamilton

December 18, 2019

STATE OF OHIO, Plaintiff-Appellee,
v.
SHAWNAY GLOVER, Defendant-Appellant.

          Criminal Appeal From: Hamilton County Municipal Court Trial No. 18CRB-13913

          Paula Boggs Muething, City Solicitor, Natalia Harris, City Prosecutor, and Jon Vogt, Assistant City Prosecutor, for Plaintiff-Appellee,

          James Anzelmo, for Defendant-Appellant.

          OPINION

          Zayas, Judge.

         {¶1} 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.

         Factual Background

         {¶2} 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.

         1. Erica Jackson's Testimony

         {¶3} 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.

         {¶4} 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.

         {¶5} 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.

         {¶6} 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.

         2. Officer Aubrey Pitts's Testimony

         {¶7} 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 hospital.

         {¶8} 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 ...


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