State v. Lawler

1

2023-Ohio-3933

STATE OF OHIO Plaintiff-Appellee v. MICHAEL R. LAWLER Defendant-Appellant

No. 2023 CA 00009

Court of Appeals of Ohio, Fifth District, Fairfield

October 27, 2023

Appeal from the Fairfield County Municipal Court, Case No 21-CRB-1613

For Plaintiff-Appellee

JOSEPH M. SABO

City of Lancaster Law Director's Office

For Defendant-Appellant

JAMES L. DYE

Judges: Hon. William B. Hoffman, P.J. Hon. John W. Wise, J. Hon. Craig R. Baldwin, J.

OPINION

Hoffman, P.J.

{¶1} Defendant-appellant Michael R. Lawler appeals his convictions and sentence entered by the Fairfield County Municipal Court on one count of assault and one count of menacing, following a bench trial. Plaintiff-appellee is the state of Ohio.

STATEMENT OF THE CASE AND FACTS

{¶2} On December 14, 2021, affidavits were filed in the Fairfield County Municipal Court, charging Appellant with domestic violence, in violation of R.C. 2919.25(A), a misdemeanor of the first degree; assault, in violation of R.C. 2901.13(A), a misdemeanor of the first degree; aggravated menacing, in violation of R.C. 2903.21, a misdemeanor of the first degree and menacing, in violation of R.C. 2903.22, a misdemeanor of the fourth degree. Appellant appeared before the trial court for arraignment on January 6, 2022, and entered a plea of not guilty to the charges. Appellant filed a jury demand and waived his right to a speedy trial.

{¶3} The matter proceeded to jury trial on October 20, 2022. After the jury was sworn-in and the parties presented opening statements, but prior to the presentation of any evidence, Attorney Andrew Sanderson, counsel for Appellant, moved for a mistrial. The trial court granted Appellant's motion for mistrial without prejudice to the prosecution. See, November 8, 2022 Entry Declaring a Mistrial without Prejudice to the Prosecution and Discharging the Jury, Record at 70. On December 14, 2022, Appellant filed a notice of intent to waive jury. The matter proceeded to bench trial on February 22, 2023.

{¶4} Lancaster Police Officer Franklin Graf testified he was on routine patrol during the 3 p.m. to 11 p.m. shift on August 31, 2021, when he responded to a possible domestic disturbance at 1030 South Broad Street, Lancaster, Fairfield County, Ohio. Officer Ayers assisted Officer Graf. When they arrived, the officers found Hayley Cottrill on the back porch of the residence. Officer Graf described Cottrill as upset and crying and it "[s]eemed like something was wrong." Transcript of February 22, 2023 Proceedings at p. 10. Officer Graf noted Cottrill appeared to be in pain and complained of shoulder pain. Officer Graf observed visible injuries to Cottrill's arm, shoulder, and head. Cottrill was hesitant to tell the officers how she received the injuries and repeatedly told the officers "everything was okay." Id. at p. 16.

{¶5} Lancaster Police Officer Luke Ayers testified he was on routine patrol during the 3 p.m. to 11 p.m. shift on August 31, 2021, when he and Officer Graf were dispatched to 1030 South Broad Street, at approximately 8:00 p.m., in response to a domestic violence call. Upon arriving at the residence, the officers made contact with Cottrill. Officer Ayers recalled Cottrill appeared frightened, but "didn't really want to tell us what had happened." Id. at p. 41. Cottrill was reluctant to speak with the officers and repeatedly stated she was fine and did not need their help. Officer Ayers indicated Cottrill was unable to straighten one of her arms and she had a knot on the back of her head. The officer observed redness or bruising on Cottrill's arm. Cottrill would not provide the officers with any information. Based upon their investigation, the officers determined there had been a physical altercation between Cottrill and Appellant, her live-in boyfriend. Appellant was not at the residence when Officers Ayers and Graf arrived, and he did not return to the residence while the officers were on the scene.

{¶6} Video from Officer Ayers' body camera was played for the trial court. Officer Ayers explained it was apparent Cottrill was fearful because "when Officer Graf first asked her what happened she said, 'please don't make me do this,' just in her voice, her mannerisms she appeared like she's afraid." Id. at p. 47. Officer Ayers stated Cottrill did not appear to be under the influence of alcohol or drugs.

{¶7} Hayley Cottrill testified Appellant lived with her and her two children at the 1030 South Broad Street residence on the date of the incident. Cottrill and Appellant had been in a relationship for eight (8) or nine (9) months at the time. Cotrill was sitting on the back porch when Appellant arrived at the residence between 7:15 and 7:30 p.m. on August 31, 2021. Cottrill confronted Appellant about his cheating on her. Cottrill recalled, "[h]e freaked out. * * * He was like in my face, grabs me and was like I wouldn't do that, I didn't do that, which was very angry." Id. at p. 75. Appellant grabbed Cottrill by the neck. She was able to free herself from Appellant's grip and retreated to the bedroom. Appellant barged through the bedroom door, grabbed Cottrill by the neck, threw her onto the bed, and held her down. Cottrill kicked Appellant to get away. Cottrill fled to the living room. Appellant grabbed Cotrill off the couch and threw her down. Cottrill's daughter woke up. As Cottrill proceeded upstairs to bring her a cup of milk, Appellant stopped her and grabbed her left arm. Cottrill threw the cup of milk at Appellant, striking him in the face. Cottrill did not know if the sippy cup caused any injury to Appellant's face. Appellant threw Cottrill down the stairs. As a result, Cottrill injured her hip, shoulder, arm, leg, and head.

{¶8} Cottrill ran outside and attempted to call her father. Appellant grabbed her phone and threw it. Appellant made threatening statements to Cottrill, warning her not to call the police. Cottrill was finally able to speak with her father. She tried to explain what happened. Her father immediately telephoned the police. After making three or four trips into the residence in order to gather his belongings, Appellant entered his vehicle and drove away. Officers arrived approximately ten minutes after Appellant left the residence. Cottrill explained she did not want to tell the officers what had happed because she feared for her safety and the safety of her children. Video from Officer Ayer's body camera was played. The video showed medics attending to Cottrill. When asked why she told the medics she was not sure how she sustained the injury to her elbow, Cottrill responded, "Because the police were still standing there. * * * I was just too afraid at that point to talk to the police." Id. at pp. 96-97. Cottrill stated she was "[b]arely 90 pounds" at the time of the incident. Id. at p. 97. Cottrill identified the injuries she sustained from photographs she took following the incident.

{¶9} Phillip Cottrill, Hayley's father, testified he received a call from his daughter on August 31, 2021, but missed it as he was at the store. When he returned home, Mr. Cottrill called Cottrill, but there was no answer. Cottrill called her father again, but when Mr. Cottrill answered, the phone was hung up. Mr. Cottrill called Cottrill again, but again there was no answer. When Cottrill called for the third time, Mr. Cottrill answered and his daughter was "screaming he hit me." Id. at p. 134. Mr. Cottrill and his wife proceeded to Cottrill's residence. Appellant passed them in his vehicle, traveling in the opposite direction. Thereafter, Mr. Cottrill called 9-1-1. Mr. Cottrill proceeded to follow Appellant to ensure he did not return to the residence, but lost sight of him. Mr. Cottrill continued to drive in the same direction as Appellant and saw Appellant had been pulled over by police.

{¶10} At the close of the state's case, Appellant moved for acquittal pursuant to Crim. R. 29. The trial court overruled Appellant's motion.

{¶11} Appellant called Christine Cooper, Appellant and Cottrill's next door neighbor, in his defense. Cooper testified she received a call from Cottrill at approximately 8:40 p.m. on August 31, 2021. Cooper recalled Cottrill was crying. When Cottrill learned Cooper was in bed, Cottrill told Cooper she would talk to Cooper in the morning. Cooper put on her house dress and slippers and walked next door. Cooper was at Cottrill's residence fifteen (15) or twenty (20) minutes before the police arrived. Cooper did not observe any evidence of a struggle in the home. Cooper remained at Cottrill's residence until 10:30 p.m.

{¶12} On cross-examination, Cooper described Cottrill as upset and crying when she (Cooper) arrived the evening of August 31, 2021. Cottrill told Cooper her arm was broken. When Cooper asked how Cottrill broke her arm, Cottrill responded she bumped into a wall. Cottrill also told Cooper she and Appellant were bickering because Appellant wanted to leave, but Cottrill would not let him. According to Cooper, Cottrill admitted to attacking Appellant, trying to stop him from leaving. Cooper stated she did not observe any visible marks on Cottrill except for "one little one." Tr. at p. 165. Cooper admitted she did not see what occurred between Appellant and Cottrill.

{¶13} On redirect examination, Cooper testified Cottrill admitted she was the aggressor. Cooper added, ". . . and I've seen her be aggressive." Id. at p. 168. On re-cross-examination, Cooper reiterated Cottrill was crying, but stated she appeared angry, not scared. Cottrill remarked, "She's a bad loser. * * * And she did not control the situation so she was not happy." Id.

{¶14} Appellant testified on his own behalf. Appellant appeared at trial in his military uniform although he was not currently serving in order to "...