FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
LORAIN, OHIO CASE NO. 17CR096698
MICHAEL J. KINLIN, ATTORNEY AT LAW, FOR APPELLANT.
P. WILL, PROSECUTING ATTORNEY, AND DANIELLELA BEARDEN,
ASSISTANT PROSECUTING ATTORNEY, FOR APPELLEE.
DECISION AND JOURNAL ENTRY
A. SCHAFER JUDGE.
Appellant-Surety, Chuck Brown II Bail Bonds ("Chuck
Brown") appeals the judgment of the Lorain County Court
of Common Pleas granting in part and denying in part its
motion for remission of bail bond forfeiture. For the reasons
that follow, we affirm.
On September 20, 2016, a complaint was filed against Tyshawn
Johnson in the Lorain Municipal Court charging him with one
count of felonious assault in violation of R.C.
2903.11(A)(1), a felony of the second degree, and one count
of domestic violence in violation of R.C. 2919.25(A), a
felony of the third degree, and a capias was issued. Johnson
was eventually arrested July 27, 2017. The Lorain Municipal
Court set Johnson's bond at $20, 000.00 cash and the
matter was bound over to the Lorain Court of Common Pleas on
August 4, 2017. That same day, Chuck Brown posted a $20,
000.00 surety bond on Johnson's behalf and Johnson was
released on recognizance. The Lorain County Grand Jury
subsequently filed an indictment against Johnson charging him
with the same violations listed in the original complaint.
Johnson appeared for his arraignment and entered a plea of
not guilty. The matter then proceeded through the pretrial
process until November 8, 2017, when Johnson failed to appear
for a final pretrial as ordered.
In a journal entry filed November 8, 2017, the trial court
issued a capias for Johnson's arrest and ordered his
"[b]ond revoked and forfeited." The court ordered
the clerk to notify Johnson and Chuck Brown of the bond
revocation and forfeiture and ordered Chuck Brown to appear
on January 3, 2018, and show cause why judgment should not be
entered against it for the $20, 000.00 penalty stated in the
Johnson was arrested pursuant to the capias on November 17,
2017. That same day, Johnson was transported to the hospital
for a medical emergency pursuant to the trial court's
verbal medical furlough, and was admitted to the hospital. At
some point, Johnson walked out of the hospital. On November
20, 2017, the trial court issued another capias for
Johnson's arrest and ordered that upon his arrest he be
held without bond until further order of the court.
On January 3, 2018, Chuck Brown did not appear for the show
cause hearing. However, upon request of Chuck Brown via
telephone, the trial court continued the show cause hearing
until January 10, 2018. Chuck Brown then filed a motion to
continue the show cause hearing for an additional sixty days.
The trial court granted the motion and continued the matter
until March 7, 2018. On February 28, 2018, Chuck Brown filed
a motion to surrender bond, remit bond power, and for relief
Chuck Brown failed to appear for the March 7, 2018 show cause
hearing. Upon request of Chuck Brown via telephone, the trial
court continued the show cause hearing to March 21, 2018.
However, on March 21, 2018, Chuck Brown again failed to
appear for the show cause hearing. In an entry dated March
21, 2018, and filed March 22, 2018, the trial court denied
Chuck Brown's motion to surrender bond, remit bond power,
and for relief from liability. The trial court noted that
Johnson was still a fugitive and thereafter entered judgment
against Chuck Brown for the full $20, 000.00 bond and ordered
Chuck Brown to pay the bond to the Lorain County Clerk of
On March 30, 2018, Chuck Brown filed a motion to stay the
execution of the bond judgment pending defendant's
return, stating that Chuck Brown had commenced all reasonable
efforts at its expense in apprehending Johnson and that Chuck
Brown had become aware that Johnson was being held by the
Cuyahoga County Jail. The trial court scheduled a hearing for
the motion to stay on May 16, 2018. Nonetheless, Chuck Brown
again failed to appear for the hearing. In an order dated May
16, 2018, and filed May 17, 2018, the trial court denied
Chuck Brown's motion to stay execution and ordered Chuck
Brown to pay the judgment issued on March 21, 2018 forthwith.
On June 27, 2018, Chuck Brown filed a motion to vacate the
judgment and be relieved of liability. The trial court
scheduled a hearing for July 18, 2018. Following the hearing,
the trial court denied Chuck Brown's motion in a journal
entry filed July 19, 2018.
On September 14, 2018, Chuck Brown filed a motion for
remission, requesting the trial court grant a full remission
of the bond. Following a hearing on December 5, 2018, the
trial court granted Chuck Brown's motion ...