Court of Appeals of Ohio, Eighth District, Cuyahoga
Criminal Appeal from the Cuyahoga County Court of Common
Pleas Case No. CR-16-607638-A
Michael C. O'Malley, Cuyahoga County Prosecuting
Attorney, and Kevin E. Bringman, Assistant Prosecuting
Attorney, for appellee.
Stanton, Cuyahoga County Public Defender, and Robert
Blanshard McCaleb, Assistant County Public Defender, for
JOURNAL ENTRY AND OPINION
A. JONES, SR, JUDGE
1} Defendant-appellant Trevor Ryan
("Ryan") appeals his convictions for felonious
assault and kidnapping, which were rendered after a bench
trial. For the reasons set forth below, we affirm.
and Procedural History
2} The incident giving rise to this case occurred in
June 2016, when, by Ryan's own admission, he assaulted
the victim, his then-girlfriend. In July 2016, a Cuyahoga
County Grand Jury indicted Ryan with one count each of
felonious assault, domestic violence, and kidnapping. After
the bench trial, the trial court found him guilty on all
counts and sentenced him to an aggregate three-year prison
term. The following facts were adduced at trial.
3} At the time of the incident, the victim and Ryan
were, as mentioned, dating; they were living together. The
victim was employed as a dancer at the Hustler Club, a
downtown Cleveland male entertainment club. The victim worked
the night of the incident; Ryan dropped her off, went out
downtown for a little while, and then returned to the Hustler
Club near the end of her shift.
4} The victim testified that when Ryan returned to
the club, he started talking to an old friend of hers,
Rodney. Everything appeared to be fine, and at the end of her
shift, the victim left the patron area to go to a dressing
room to get changed. As soon as she left the patron area, she
received text messages from Ryan accusing her of sleeping
5} The victim got dressed and went outside to find
Ryan. Ryan pulled up in the car and she got in. She testified
that as soon as she got in the car, Ryan yelled at her and
assaulted her. According to the victim, Ryan continuously
assaulted her; first he grabbed her head and hit it against
the passenger side window, and then he grabbed her by her
throat. She testified that it was as if Ryan "wanted to
hurt [her], but didn't want to break the window."
And he was driving in an "insane" manner: she
testified that Ryan "was trying to beat me up with the
car, not just his hands. * * * [he was] slamming on the
brakes, trying to get around other cars, trying to go
fast." She testified that at one point, she grabbed on
to the dashboard so hard that she broke part of the plastic
pieces to the vent. The victim testified that she repeatedly
tried to get out of the car, but Ryan would speed up and make
it impossible. Ryan was driving on West 25th Street, where
there were groups of people outside of bars and restaurants.
She was dismayed that no one attempted to help her.
6} According to the victim, Ryan got on the highway,
and unsuccessfully attempted to throw her out of the car.
During the course of driving, Ryan hit the emergency brake on
the car and he had to get off the highway. He was still
assaulting the victim; a bystander saw, and confronted Ryan.
Ryan got out of the car, and the victim got into the
driver's seat and drove away.
7} The victim testified that during the assault she
lost consciousness three times: as soon as Ryan attacked her
upon getting into the car, when he was driving on West 25th
Street, and when the bystander was yelling at Ryan. During
each of those episodes, Ryan held his hand to her throat,
which caused her to lose consciousness. She also testified
that she urinated on herself during the assault.
8} After she took control of the car, the victim
drove back to the Hustler Club. A friend at the club drove
her to MetroHealth Hospital. The victim described her
experience at MetroHealth as the "worst experience
I've ever had in my whole life." She testified that
she was in a "hallway laying next to a gunshot victim
who literally had a bullet taken out of their leg like it was
nothing in the hallway." She spoke with a social worker,
but no medical professional treated her. The social
worker's record indicated that the victim told her that
she had been "choked" and
"strangled." The records further stated that the ...