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Man who struck police officers loses appeal
JESSICA SHAMBAUGH
Special to the Legal News
Published: January 17, 2014
A three-judge appellate panel in Cuyahoga County recently affirmed a man’s convictions for assaulting a peace officer, obstructing official business and resisting arrest after he struck the officers investigating a neighbor’s complaints.
The 8th District Court of Appeals rejected Charles Holley’s arguments and ruled that testimony from the three arresting officers was enough evidence to convict him.
Case summary states that Holley was indicted on multiple charges after an altercation with police at his home on Dover Road in East Cleveland.
The incident began when Ella Bowman, who lived around the corner from Holley, observed cars parked on both sides of Dover Road.
She said that cars could only park on one side of the street and the manner of their parking on May 13, 2012 was impeding traffic.
Bowman testified that she spoke to the person hosting a party on the street and informed him that his guests were double parked.
While she was speaking to the host, she said Holley ran up to her car with a bottle in his hand and started to curse at her, threatening that she could “come up missing.”
When Bowman returned home she called the East Cleveland police and reported the incident.
Shortly after she called, she said Holley drove to her house and continued to curse at her.
She phoned the police again and reported the second incident.
While she was waiting for the police to arrive, she said Holley came to her home on foot and screamed and cursed at her, prompting her to call the police a third time.
When the police eventually arrived, they spoke to Bowman and went to Holley’s home.
Officers Seana Kelly and Joseph Dunlap testified that Holley answered the door and spoke with them but he appeared intoxicated and became agitated when they asked about Bowman.
They asked the woman living with Holley to come outside and, as she complied, Holley grabbed her by the arm and pushed her inside the house.
The officers stated that Holley then slammed the door and they heard fighting and the sound of things being broken.
Holley then ordered them off of his property and threatened to let his dogs outside to attack.
Kelly and Dunlap called their supervisor, Sgt. Williams, for permission to forcibly enter the home to check on the woman inside.
When Williams arrived on the scene, he said Holley was on the front porch yelling at the officers to leave.
Williams said Holley appeared intoxicated and Williams told him that they needed to check on the woman inside. Holley continually refused and eventually began to swing at the police.
Holley struck Williams three or four times in the stomach and struck Kelly in the jaw.
He struggled with them as they tried to handcuff him and refused their commands to stop resisting arrest.
They officers were eventually able to subdue Holley and denied using a taser to do so. Williams stated that as they left, a woman exited the house and appeared uninjured.
In Holley’s defense, the woman testified that she had been having a quiet evening with Holley before the police arrived.
She said before she could reach the door to speak with the officers, they had Holley on face down on the ground.
She testified that they were twisting Holley’s neck, beating him with a baton and tased him.
She denied arguing with Holley that night and explained “that he is always a perfect gentleman,” according to case summary.
Holley’s neighbors gave similar testimony and stated that the police started hitting Holley without provocation.
Holley denied being intoxicated on the day in question and stated that altercation occurred as a result of Bowman’s repeated calls to the police, not because of his actions.
He denied striking the officers or resisting arrest but explained that he was engaged in an unrelated legal action with Bowman, who alleged that his dog had bitten her.
A jury in the Cuyahoga County Court of Common Pleas found Holley guilty of two counts of assault on a peace officer, obstructing official business and resisting arrest.
The court sentenced him to concurrent six month terms of imprisonment with three years of postrelease control.
On appeal, Holley argued that his convictions were against the manifest weight of the evidence.
“In reviewing a challenge to the manifest weight of the evidence, the court, after reviewing the entire record, weighs the evidence and all reasonable inferences, considers the credibility of witnesses and determines whether in resolving conflicts in the evidence, the jury clearly lost its way and created such a manifest miscarriage of justice that the conviction must be reversed and a new trial ordered,” Judge Mary Eileen Kilbane wrote for the court.
Upon review, the appellate panel found that the state presented evidence that Holley appeared agitated and intoxicated, forced the woman into the house, slammed the door on the officers and later struck two of the officers during a struggle to resist arrest.
It further determined that the defense presented testimony denying any domestic problems or Holley struggling with the police before they forced him to the ground.
“Viewing the record as a whole, however, we cannot say that the jury lost its way and created a manifest miscarriage of justice in convicting Holley of the charges,” Judge Kilbane stated.
The judges ruled that the jury was in the best position to judge credibility and refused to reassess the matter.
Presiding Judge Sean Gallagher and Judge Patricia Blackmon joined Judge Kilbane and affirmed the lower court’s judgment of conviction.
The case is cited State v. Holley, 2014-Ohio-4.
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