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City of Hamilton v. Cameron
Citations: 700 N.E.2d 336; 121 Ohio App. 3d 445Docket: Nos. CA96-06-117.
Court: Ohio Court of Appeals; June 2, 1997; Ohio; State Appellate Court
Bobby J. Cameron appeals a Hamilton Municipal Court ruling that found him guilty of domestic violence under R.C. 2919.25 following a February 22, 1996, argument with his wife, Darlene. During the dispute, Darlene wanted to address issues concerning their son, while Cameron allegedly responded with a threat, stating, "I'd probably have to blow your head off to get you to shut up." Darlene recounted this threat to Deputy Michael Jacobs, leading to a police report after Darlene informed her mother, who then contacted law enforcement. When officers arrived about forty-five minutes later, they found no signs of disturbance, but did discover two loaded shotguns in the home, accessible to the couple's children. Darlene signed a complaint against Cameron, claiming he threatened her with a shotgun. During the trial, she explained her decision to sign the complaint was influenced by the officers' indication that someone needed to be arrested following their domestic violence policy. Darlene expressed that she was unaware of her options at the time of signing and did not read the complaint before signing it, as she was tired and eager to leave. She confirmed her signature on the complaint and acknowledged that it contained allegations she did not fully comprehend at the time of signing. Darlene testified that she signed a restraining order against the appellant to establish separation and gain time for reflection, stating she was not in fear of him and that he had not made any threatening movements towards a shotgun. She did not convey any belief that the appellant intended to harm her or that she faced imminent physical danger. No evidence of prior threats or harm from the appellant was presented. The appellant contested the charge of domestic violence under R.C. 2919.25, arguing a lack of essential elements for the charge. The municipal court found him guilty, resulting in a $50 fine and the confiscation of his shotguns. The appellate court emphasized that it would not overturn the trial court's decision unless it found that reasonable minds could not reach the same conclusion based on the evidence presented. The court noted that for a violation of R.C. 2919.25(A), a defendant must have knowingly caused or attempted to cause physical harm, which was not established in this case. The only evidence cited was a statement made by the appellant, which did not demonstrate an attempt to carry out a threat. Furthermore, for a violation of R.C. 2919.25(C), it must be proven that the victim believed the offender would cause imminent physical harm, a condition not met in this instance. Consequently, the appellate court held that the trial court erred in its finding of guilt. The victim's state of mind is crucial for establishing the crime under R.C. 2919.25. Following State v. Denis, evidence must show that the victim believed the accused would cause imminent physical harm. In this case, no violation of R.C. 2919.25 (C) was found. Darlene did not contact the police, remained in the house, and was observed engaging with her children when law enforcement arrived. The only evidence against the appellant was a conditional threat, with no indication that he took steps to execute it or that the victim perceived any imminent danger; she explicitly stated disbelief in the threat. Additionally, R.C. 2919.25 (C) does not constitute a lesser offense of R.C. 2919.25 (A) or (B), as those can be violated without the victim's belief in imminent harm. Therefore, amending the complaint to charge R.C. 2919.25 (C) would alter the identity of the crime, violating Crim. R. 7 (D). The court vacated its previous order, reversed the trial court's judgment, and mandated the return of fines or confiscated property to the appellant, with a judgment entered in favor of the appellant. Judge Powell dissented. R.C. 2919.25 (B) modifies the mental state from 'intentionally' to 'recklessly,' but the harm analysis remains unchanged.