Court of Appeals of Ohio, Fifth District, Fairfield
from the Fairfield County Court of Common Pleas, Case No.
2018 CR 00595
Plaintiff-Appellee R. KYLE WITT Fairfield County Prosecuting
Attorney By: BRIAN T. WALTZ Assistant Prosecuting Attorney
Defendant-Appellant JAMES A. ANZELMO Anzelmo Law
JUDGES: Hon. W. Scott Gwin, P.J. Hon. Craig R. Baldwin, J.
Hon. Earle E. Wise, J.
Defendant-appellant Randy Keith Fields appeals his conviction
and sentence from the Fairfield County Court of Common Pleas.
Plaintiff-appellee is the State of Ohio.
OF THE FACTS AND CASE
On September 13, 2018, the Fairfield County Grand Jury
indicated appellant on two counts of domestic violence in
violation of R.C. 2929.25, felonies of the fourth degree. At
his arraignment on September 19, 2018, appellant entered a
plea of not guilty to the charges.
A superseding indictment was filed on December 13, 2018,
charging appellant with two counts of domestic violence in
violation of R.C. 2929.25, felonies of the third degree, one
count of disrupting public services in violation of R.C.
2909.04(A)(1) and/or (3) and 2909.04(C), a felony of the
fourth degree, and two counts of aggravated possession of
drugs in violation of R.C. 2925.11(A) and 2925.11(C)(1)(a),
felonies of the fifth degree. At his arraignment on December
19, 2018, appellant entered a plea of not guilty to the
Thereafter, a jury trial commenced on January 15, 2019. The
following testimony was adduced at trial.
On September 5, 2018, Levi Benner of the Lancaster Police
Department was dispatched to the 1100 block of Sugar Grove
Road in response to a 911 call about a domestic violence
situation. The caller to 911 was Kaelen Friesner. When the
officer approached the house, he observed two females out
front, Kaelen Friesner and A.G., the juvenile daughter of the
victim. The officer spoke with Nikole Miller and A.G. He
testified that Miller was crying, visibly upset and had a cut
above her right eye. She was using a rag to wipe off the
blood so that it did not get in her eye. He also testified
that she was actively bleeding at the time.
When Officer Benner entered the house and went into the
bedroom shared by Miller and appellant, he observed that the
bed had been physically flipped over, clothing was all over
the floor and there was blood on the mattress and bed. Miller
signed a domestic violence statement that evening and a
temporary protection order. When asked, the Officer testified
that it was five to seven minutes from the time of the 911
call to the time when the police arrived on the scene. The
appellant was not present.
On cross-examination, Officer Benner testified that he did
not take the sheets or mattress cover that contained blood
spots into evidence or have them tested and did not know
whose blood was on the sheets or the mattress cover. He
further admitted that Miller did not want to sign the request
for a protection order at first and told him that she did not
want to get appellant in trouble. On redirect, Officer Benner
testified that the blood on the mattress cover and mattress
itself appeared to be fresh and that he did not observe
anyone else with injuries other than Miller. On
recross-examination, he admitted that he did not see
appellant that evening and did not know if appellant had
Nikole Miller testified that she lived at 1041 Sugar Grove
Road and that appellant was her boyfriend. She testified that
her daughter Kaelen was 18 years old and she had two other
children all who lived with her. Miller testified that on
September 5, 2018, arrangements had been made to have
Christopher Pappas come over to her home to work on her
vehicle. When Miller arrived home that day with one of her
daughters, she noticed that the bedroom had the mattress
flipped over and a bunch of clothes had been pulled out of
the dresser onto the floor. In addition, other items had been
knocked over. Miller and appellant had been arguing earlier
in the day.
Miller then walked out to her detached garage where she had
contact with Christopher Pappas. While she was in there
talking to Pappas, appellant jumped down from the attic of
the garage and the two got into a further argument, Appellant
was upset with Miller and the two were yelling at one
another. Miller testified that she did not remember appellant
pushing her across the garage and did not remember telling
the police that he did. A CD from the police body cam, which
was marked as an exhibit, was played. On the CD, Miller
stated that appellant had pushed her in the garage.
Miller testified that she had a cell phone in the garage with
her and that appellant had grabbed the phone and smashed it.
Miller then asked her daughter, Kaelen, to call 911. When
Miller went into her house, appellant followed her inside and
followed her into the bedroom. The following is an excerpt
from her testimony:
Q. Okay. When you go into the house and into that bedroom,
the Defendant follows you in and follows you into that
bedroom; is that correct?
Q. Okay. And while he's in that bedroom, he pushes,
shoves, grabs, does something to your head and hits it up
against the dresser causing you to be injured; is that
A. No. That's why I wanted to plead the Fifth earlier.
Q. Well, I don't care why you wanted to plead the Fifth.
Q. You're saying that that didn't happen.
Q. Okay. You told them repeatedly, correct, that he had