State v. Collins

Citation: 2012 Ohio 5505Docket: 97898

Court: Ohio Court of Appeals; November 28, 2012; Ohio; State Appellate Court

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Defendant-appellant Bernard Collins appeals his convictions for felonious assault and aggravated assault, which are affirmed by the court. At trial, evidence revealed that Collins entered a lease agreement with Michael McCree for a single-family home in East Cleveland in January 2011. McCree, a landlord, had concerns about Collins's girlfriend, Theresa, who was not on the lease but stayed frequently, prompting a request for increased rent. Tensions escalated between the parties, with allegations of theft against Collins and Theresa, which they attributed to McCree's inappropriate behavior.

On February 20, 2011, McCree accused Collins of attacking him with a knife, which Collins denied, asserting he was merely using the knife to prepare food. Police intervened but did not make any arrests. The following day, a confrontation occurred when McCree, fearing for his safety from the previous incident, entered the kitchen with a bat while Theresa was using the microwave without permission. A struggle ensued over the bat, during which Collins gained control and struck McCree multiple times, causing significant injuries, including head trauma requiring staples. Both Theresa and McCree received medical attention. Theresa reported that McCree had struck her, while her testimony at trial was inconsistent regarding whether she witnessed Collins's actions.

Collins was awakened by Theresa's screams and found McCree assaulting her with a bat in the pantry. In an effort to protect her, Collins intervened, taking the bat from McCree and striking him on the head, causing McCree to fall. He instructed Theresa to call the police. Upon regaining consciousness, McCree threatened to kill them, prompting Collins to keep him on the ground due to fear for their safety, especially considering the presence of guns in the home. As McCree attempted to rise, Collins hit him again in the leg with the bat, which broke. Collins asserts he never struck McCree in the back. Police arrived, finding Theresa distressed, and arrested both men. Although Theresa wanted to press charges against McCree, none were pursued. Collins faced two counts of felonious assault, leading to a jury trial where the jury received instructions on self-defense and defense of others, along with lesser charges including aggravated assault. The jury convicted Collins of aggravated assault on one count and felonious assault on another. The defense claimed the verdicts were inconsistent, but the trial court disagreed. The state chose to proceed with sentencing for the felonious assault conviction, resulting in a two-year prison sentence and restitution. Appellate counsel identified two potential errors: (1) the conviction was unsupported by sufficient evidence, violating constitutional rights, and (2) the verdict was against the manifest weight of the evidence, also violating constitutional rights. The appellate court reviews evidence to determine if it supports a conviction beyond a reasonable doubt and assesses whether the jury's decision was a manifest miscarriage of justice.

Appellant Collins' convictions were upheld as having sufficient evidence and not being against the manifest weight of the evidence. Collins admitted to striking McCree with a baseball bat, which is classified as a deadly weapon. He acknowledged causing serious harm but claimed self-defense, asserting that McCree had threatened to kill him. Theresa corroborated hearing threats, while McCree denied making any threats and stated he was attempting to avoid conflict. Collins expressed skepticism about McCree's intent, believing McCree was trying to manipulate the situation to retrieve a gun. Evidence suggested McCree displayed what appeared to be real guns, though he claimed they were BB guns. Theresa's opinion shifted from feeling McCree deserved the attack to believing Collins should have disarmed him instead. Both Collins and McCree's accounts were supported by evidence, leading the jury to resolve the conflicts in favor of the prosecution. The court affirmed the judgment, ordered costs to be recovered, terminated bail pending appeal, and remanded the case for sentence execution. A certified entry serves as the mandate. Judges Sweeney, Gallagher, and Rocco concurred.